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CLARITA R. CARLOS AND DENNIS M. LALATA
WITh DIANNE C. DESPI & PORTIA R. CARLOS
Democratic Deficits in the Philippines: What is to be Done?
CLARITA R. CARLOS, Ph.D. and DENNIS M. LALATA
with DIANNE C. DESPI and PORTIA R. CARLOS
KONRAD ADENAUER STIFTUNG
Democratic Deficits in the Philippines: What is to be Done?
Copyright 2010 by Clarita R. Carlos, Ph.D., Dennis M. Lalata, Dianne C. Despi and Portia R. Carlos ALL RIGHTS RESERVED Except for brief quotation in a review, this book or parts thereof, must not be reproduced in any form without permission in writing from the authors. The views and opinions expressed in this study are those of the authors and do not necessarily reflect those of the Konrad Adenauer Foundation and of the Centrist Democratic Movement. Published by Center for Political and Democratic Reform, Inc. 13 Bautista Street., University of the Philippines Campus, Diliman, Quezon City Konrad Adenauer Foundation 5/F Cambridge Center Bldg. 108 Tordesillas corner Gallardo Streets Salcedo Village, Makati City Philippines Centrist Democratic Movement 804 Batis Street, Juna Subdivision Matina, Davao City Philippines ISBN 978-971-94932-0-4
Foreword When this book is published, many voices will be heard from civil society, the academe, the media and foreign observers in the Philippines expressing their hopes and great expectations for the strengthening of democratic good governance and a more successfull socio-economic development under the new administration of President Benigno Aquino III. His campaign, built on the credible promise of bringing down corruption and wrongdoings in the State Institutions, has opened perspectives for a better life for the ordinary people in the eyes of many Filipinos. There is no doubt that the importance of a good person, with the right intentions and with character, imbued in the highest office of the country, cannot be overestimated. With the extraordinary powers the 1987 Philippine Constitution bestowed upon the President, he will be able to change things and move the country forward – even with the limitation of only one six-year term in office. However, the example of the Ramos Administration in the ninetees, during which democracy seemed to have stabilized and a fresh wind of socioeconomic development pushed the country for some years into the mainstream of the booming SoutheastAsian region bears remembering how the country can fall back into political turmoil and socio-economic deadlock after a change of administration. It is of great benefit from this study of Prof. Clarita Carlos that she is analysing the deep causes behind the problems which plague the Philippine Democracy from its restoration in 1986, nearly 25 years ago. Many people are blaming the Philippine culture for the flaws and weaknesses of the democratic processes; for the lack of progress in poverty alleviation – as opposed to neighbouring countries like Malaysia or Vietnam. But Prof. Carlos shows, that it is mainly the institutional set up of the Philippine brand of Democracy which, in spite of the good principles and intentions of the 1987 Constitution, perpetuated the patronage system inherited from the Spanish colonial period. It likewise prevented effective participation of the ordinary people in the political system that lead to lack of control of executive powers and subequently to overwhelming corruption. In order to create sustainable progress, the new administration has to correct the wrong incentives in the electoral system and democratic procedures which do not leave room for the development of a structure of authentic member-based and program-oriented political parties – the backbone of a functioning democracy. It has to level the economic playing field by opening up and encouraging competition in local and national markets which are presently dominated by powerful cartels or family clans. This will create a liberal framework in which job creation and poverty alleviation can take place. It finally has to provide much better competences and share much more substantial budget from the central government to the local and regional government units along the principle of subsidiarity; thus setting free the dynamic forces of the masses fighting to improve their lives and bring real democracy to the country. Clarita Carlos, further to the analysis of many democratic deficits of the country, presents in this book a great number of well assessed and oftentimes innovative suggestions for the solution of the problems. We, the Centrist Democratic Movement(CDM) of the Philippines and the Konrad-Adenauer-Stiftung, hope that we can contribute, with the publishing of this study, toward a broad and honest cooperation of Centrist Democrats from different political background for a fundamental and well targeted reform policy in the coming years. Manila, August 18, 2010 Peter Koeppinger
Thus in the early 70s emerged the Christian-Muslim Democrats – which over time dropped the religious/cultural undertones to be known simply as CENTRIST DEMOCRATS. political parties encompass an array of positions in a spectrum – from the extreme left to the extreme right. Manuel Manahan. authority and responsibility – their use. Lito Monico C. Lorenzana CDM Convenor . To the SUCCESSOR GENERATION. the Christian Social Movement (CSM) and their youth groups Young Christian Socialist (YCSP) began to formulate their own version that encompassed an important segment of our society – the Muslim community. This. Political stalwarts of the era. the SUCCESSOR GENERATION. the introduction and strengthening of a social market economy and the restructuring of the state decision making process through a decentralized system of governance following the concepts of subsidiarity. Raul Manglapus.MESSAGE The last few months of 2009 saw the fruition of an initiative by THE TECHNICAL ASSISTANCE CENTER FOR THE DEVELOPMENT OF THE RURAL & URBAN POOR (TACDRUP) and KONRAD ADENAUER STIFTUNG (KAS) on a political education program that transcends a generational divide .be focused – live straight and learn well. With the help of specialists in particular issues. As repositories of political theories. the SUCCESSOR GENERATION will now take center stage in assuming the responsibility for reforms in the Philippine Society. economic and social order must be so logically designed that the dignity of each person is protected and promoted. abuse and even non-use. the CDM must set out to do. What is required is clarity of beliefs and approaches for governance – which in political mature countries are lodged in political parties. They did not enforce upon the body politic their concepts of governance. Clarita Carlos’ study on Democratic Deficits is a timely piece of work that can provide the SUCCESSOR GENERATION a general guide towards the strengthening of democracy. must begin to understand that it is now their turn at the helm. The Centrist Democratic Movement Federation of the Philippines collectively supports the notion to abolish the deficits in democracy that continually negate the development of all sectors of the Philippine Society. In the decades since then. The themes underlying the CDM’s philosophy of good governance and truly functioning rule of law are focused on electoral reforms and building sustainable political parties. Guided by its core belief – respect for Human Dignity – political. in your political journey ahead . Mostly composed of Young Professionals and youth. What are needed therefore are two or three distinguishable political parties that must precipitate a clash of ideas and principles – the better to present the optimum alternatives to the electorate. beliefs and strategies of governance. Ramon Magsaysay and the early adherents. This bias towards creation of sustainable political parties is elementary. Instead they planted seeds. Organized as the CENTRIST DEMOCRATIC MOVEMENT (CDM). the Philosophy behind Christian Democracy in the Philippines underwent substantial changes reflecting local political realities.The SUCCESSOR GENERATION. we seek to enlighten ourselves with the principles behind good governance – with a greater priority toward political party formations. nurtured them and waited for them to bear fruits. But running a country is a complex system that requires the comprehension and appreciation of power. KAS has been in the country for the greater part of four decades advancing the philosophy of Christian Democracy (CD) as practiced in Germany and some European countries. misuse.
Peter Koeppinger had barely warmed his seat as the new Resident Representative of the Konrad Adenauer Foundation when we met for a welcome and getting to know you lunch. who enthusiastically rowed along side us as we questioned assumptions. Dianne Despi and Ms. We also discover. Happily. these democratic gaps. This book will not come into being were it not for the continuing support and trust of the Konrad Adenauer Foundation under the helm of Dr. in this case. Thank you. Dennis.. we were learning so much in the process. Clarita R. we were not just writing a book. would require some very genuine efforts on all our parts to change and be part of that change. what is to be done to address those deficits. 2009. counter checked data and argued and challenged the validity of the many diagnoses found in extant literature. the many promises of democracy which have been compromised by our system of governance. Koeppinger. for helping us discover the path of how our democracy can be better by addressing our democratic deficits so the lives of 100 million Filipinos will also be better. where we want to go. My heartfelt gratitude also goes to Ms.. what our democratic deficits are and most importantly. the other members of the research team.. Always. Peter Koeppinger. has shown over the years a remarkable development of his critical faculties as well as of his writing. we look back and discover rather pleasantly how much the collective efforts of individuals can result in a very involved examination of an issue area. It is not an accident that this book is directed to the new leadership of our country which has promised us change and to them is this book dedicated. Portia Carlos. Dr. This book would not have seen the light of day were it not for the indefatigable research team I had led by Mr. His infinite patience and attention to details had served us well as we went into the final activities of putting this book into print. when a work is finished. that the work of filling up these deficits. Carlos .. a former star student of mine and a cum laude from our university. Dr. not too pleasantly. Little did we both realize that that lunch will result in this book where we both agreed that there should be a comprehensive and non-partisan reckoning of where we have been as a nation. Dennis Lalata.ACKNOWLEDGMENT In November.
. Corruption………………………………………………………………………… 56 E.……………………………………………….102 B..183 Conclusion ………………………………………. Population …………………….. Public-Private Sector Partnership ….……………………………....……………………………………….. Political Dynasties………………………………………………………………….168 A.16 A.27 D.. Introduction…………………………………………………………………………… 14 II. Social and Economic Systems……………………………………………………….. Special Concerns…………………………………………………………………….125 D... Democratic Institutions……………………………………………………………….192 Bibliography……………………………………………………………………………..190 End Notes……………………………………………………………………………….. Food Security……………………………….…………………………………….TABLE OF CONTENTS Executive Summary………………………………………….83 F...1 I..114 C.152 E. 88 III. 16 B.25 C.102 A.. Education System……………………………………………………………….. Local Government-National Government Relations……………………………. Health……………………………………………………………………………. AFP/PNP Reform…………………………………………………………………. Political Parties/Electoral Reform………..158 IV.……………………………………..168 B..... Environment…………………………………………………………………….…………………………………….208 . Rule of Law and Justice Reform .…………………………………………... Insurgencies……………………………….……………………………………………..….
129 Table 11 – Vital Signs (Philippines)………………………………………………………...List of Figures Figure 1 – Structure of Local Governments in the Philippines………………………………84 Figure 2 – GDP Growth...129 Table 10 – Total Number of Disasters in Southeast Asia (1990–2009)……………………. Rich Urban Communities versus Poor Rural Communities……………………………………………...... 1997-2003 (Philippines)………………………………………....159 List of Tables Table 1 – The Philippine Justice Sector……………………………………………………...59 Table 5 – Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer….60 Table 6 – Political and Economic Risk Consultancy 2010 Annual Survey………………….61 Table 7 – Factors that Predispose the Customs Service to Corruption…………………….115 Table 9 – Countries Most Exposed To Natural Hazards (From Multiple Hazards)…….63 Table 8 – Conventional Health Status Indicators...…………………………56 Table 3 – Top Employers by Sector (as of 2004) ……………………………………………57 Table 4 – Number of Programs on Good Governance and Anti-Corruption……………….132 Table 12 – Diversity and Endemism (Philippines)…………………………………………..29 Table 2 – Dimensions of the Philippine Civil Service (as of 2004).132 Annexes (contained in the attached CD) Annex A – Political Party Reform Bill Annex B – Party List Law Annex C – Challenges to the Rule of Law Annex D – Challenges to the Philippine Justice System Annex E – ADB and World Bank Perspectives on Justice Reform Annex F – Free Legal Assistance Act Annex G – Corruption Perception Index Table for 2009 Annex H – CPI 2009 Methodology Annex I – Overview of the Legal Framework for Dealing with Corruption in RP Annex J – Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees Annex K – Brief History of AFP and PNP Annex L – Selected Recommendations of the Davide Commission Annex M – Selected Recommendations of the Feliciano Commission Annex N – Major Issues and Challenges in the Philippine Education System Annex O – Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003 Annex P – Act Strengthening the Literacy Coordinating Council Annex Q – RP Millennium Development Goals on Health Annex R – Specific Health Programs of the DOH Annex S – Philippine Laws Governing Health Care Annex T – Declaration of Alma-Ata ..
Annex U –1972 Stockholm Convention Annex V – Annotation on the 1994 Draft Declaration of Principles on Human Rights and the Environment Annex W – Indigenous Peoples Rights Act Annex X – Kyoto Protocol Annex Y – Clean Air Act Annex Z – Biofuels Act Annex ZA – Climate Change Act Annex ZB – Rules of Procedure for Environmental Cases Annex ZC – Ecological Solid Waste Management Act Annex ZD – Disaster Risk Reduction and Management Act Annex ZE – Trends in the Philippine Population Annex ZF – Reproductive Health Bill Annex ZG – History of Communist Insurgency and Moro Issue Annex ZH – Organic Act for ARMM Annex ZI – 1976 Tripoli Agreement .
Democratic Deficits in the Philippines: What is to be Done? EXECUTIVE SUMMARY The purpose of this study is to identify areas where democracy in the Philippines has failed us—the democratic deficits that confront us today. We shall describe the basic features of those deficits, enumerate the major challenges, and outline what is to be done as culled from previous studies, including our own recommendations, which we think will reduce, if not totally abolish our democratic deficits. While these deficits are presented as segments, they are interrelated and are linked to each other. In the end, what is crucial in overcoming these democratic deficits is strong political leadership from the top among the three branches of government, and collective political will that can be harnessed from the citizenry. The democratic deficits and our recommendations in the area of Democratic Institutions are the following: Political Parties/Electoral Reform. Lack of accountability and responsibility and political turncoatism are democratic deficits that can be addressed in the short- to medium-term by linking the political life of party members with party membership so that their advance in politics must rely on the decisions made by their party leaders. Political parties must be required to have clear ways by which they finance their campaign and other activities and where government financing is absent, the support for the candidate forthcoming from the political party should be clear. Clear rules of accounting and auditing of party funds within party must be instituted so that no one person dictates who will get what and how much. The Political Party Reform Bill must be passed into law for better accounting, matching government support for recognized and registered political parties, and limiting election expenses. The election campaign period must be radically shortened to 60 days for the national positions and 30 days for the local positions. There is a need to reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party. This will reflect the real intent of giving representation to the marginalized sectors of our society. There is a need to change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day; by shifting to a parliamentary system, we will be able to overcome the many complications present in a presidential form of government, compel party loyalty, reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. Political Dynasties. Leveling the playing field is required to address this democratic deficit. Reform of campaign finance must be carried out by reallocating resources and giving
Democratic Deficits in the Philippines: What is to be Done? opportunities to less financially endowed but capable candidates to enter the political arena. Reform of the political party must be undertaken in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. There is a need to pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on Corruption). Rule of Law and Justice Reform. The Philippines faces many challenges to the rule of law and its justice system. Reforms and other measures dealing with deficits in the justice system must be undertaken for the entire justice sector which will require cooperation among the three branches of government. Reform efforts must cover all areas of governance within the sector while paying special attention to access to justice by the poor and disadvantaged. In enhancing rationalized and coordinated law enforcement, there is a need to: (a) decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law; (b) design and adopt an integrated criminal justice information system and develop crime classification and crime indicators; (c) adopt a holistic approach to the improvement of the crime investigation system of the police; and (d) remove duplication, overlapping, proliferation and fragmentation of law enforcement functions, reintegrate police functions, and remove institutionalized politicization of the police. In strengthening the prosecution agencies and reengineering the public defense system, there is a need to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy, as well as undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services, improve access and efficiency, and strengthen its independence. Efforts must be undertaken to reengineer the institutional framework of the corrections system, devolve delivery while maintaining strong oversight, and amend the Probation Law to expand its coverage. The laws of the land must be popularized towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. There is a need to provide greater access to justice by the poor and disadvantaged through the following: (a) formation of a joint committee of the Supreme Court, the executive branch, IBP and alternative law organizations to coordinate the various legal aid providers in the country; (b) provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council; (c) improve 2
Democratic Deficits in the Philippines: What is to be Done? services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts; coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence; (d) assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system; and (e) expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates, including minors. Continuing judicial education must be improved to enhance judicial competence. Various options to enhance judicial independence and fiscal autonomy must be studied. Complaints mechanisms and enhanced record-keeping systems for improved judicial transparency and accountability must be designed. A comprehensive study of the implications of the power of judicial review must be conducted. There is a need to act on undue delays in the conduct of trials and large backlogs in the handling of cases by: (a) adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial; (b) reviewing and improving the rules of court; (c) reviewing the jurisdictional structure of the courts; (d) removing duplication and overlap and clearly defining the operational delineation among pre-trial system, barangay justice system and the courtannexed mediation system; and (e) promoting the use of Alternative Dispute Resolution (ADR) mechanisms in various agencies in the justice sector. The various challenges in the Shari‘a Courts must be addressed by: (a) creating a societal environment that is based on a unified rule of law; (b) strengthening the Shari‘a Legal Education System (both academic and continuing education); (c) improving the system for ensuring the qualification and training of Shari‘a lawyers and judges; (d) improving the jurisdictional scope and structure of the Shari‘a court system and its rules; (e) developing a Shari‘a Code of Ethics; (f) formulating a career development program for Shari‘a judges; (g) improving case management capacities and operations; and (h) structuring of Shari‘a legal fees and charges. Other measures for overall justice system reform must be carried out: (a) comprehensive review and codification of laws; (b) assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010); (c) follow-through of the implementation of the Court Management Information System (CMIS); (d) follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21); and (e) follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17, 2006 held in Australia. Corruption. Corruption and inefficiency are a lethal combination of deficits that is robbing future generations of Filipinos many opportunities for development while benefiting
Democratic Deficits in the Philippines: What is to be Done? vested interests. A multi-pronged strategy is required in order to address this grave ill of society which may have already become systemic. In the political arena, there is a need to reform campaign finance and end or prohibit political dynasties. In the government bureaucracy itself, there is a need to target selected ―problem‖ agencies for government reform by enhancing transparency based on the public‘s priority concerns, as well as to strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President. The proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform must be considered. There is a need to strengthen third party enforcement in order to reduce or check ineligible, political appointments. Efforts must be undertaken to reform the pay incentive system to make it more competitive and reduce temptations for corruption, as well as strictly adhere to the merit system of promotion and selection of officers/officials/managers. Opportunities must be opened to enhance civil society and private sector participation by increasing transparency through public oversight and by preventing corruption through collective action. Government employees themselves must be encouraged to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK, the confederation of public sector unions of Philippine government employees. In the fiscal area, a major overhaul of the Philippine tax system must be carried out because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. In terms of financial controls, there is a need to minimize technical jargon and make the language of the government budget more simple in order to make it more understandable to the people. The bill on the Freedom of Information Act must be passed to pave the way for the full disclosure of all government transactions involving public interest. There is a need to simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions. Budget processes must be reformed in order to achieve discipline, allocative efficiency and operational efficiency. Legal-judicial reforms must also be implemented. These include undertaking specific procedural/penal reforms such as: (a) imposition of strict penalties; (b) increasing penalties for certain offenses; (c) termination and resolution of preliminary investigation proceedings within 30 days; (d) warrant of arrest to be accompanied by writ of attachment of property; (e) conduct of speedy trials or fast-tracking of high profile cases; and (f) no issuance of temporary restraining orders except by the Supreme Court. There is a need to carry out substantive reforms such as: (a) enactment of an additional law with whistle blower protection provisions; (b) amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions; (c) codification of the fragmented anti-graft laws; and (d) the integration of the anti-graft provisions of the widely scattered special laws. The possibility of merging the Presidential Commission Against Graft and Corruption with the office of the Ombudsman must 4
(c) carry out speedy action on appeals over decision on AFP courts-martial. i. Local Government-National Government Relations. 5 . There is a need to reexamine the Internal Revenue Allotment (IRA) formula such that performance measures and poverty indicators should be included in the bases of the allocation.to medium-term by reevaluating how resources are allocated and institutional strengthening is coordinated. enhance and periodically reevaluate performance indicators for LGUs. There is a need to professionalize the secretariats of the various leagues of barangay chairmen. The politicization of the PNP has been brought about by the influence of local government units through financial support and recruitment recommendations. Lastly. (b) strengthen security measures on those under detention. (d) implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat. selected recommendations from the Davide Commission and Feliciano Commission are presented which have not been implemented but remain relevant to our times.Democratic Deficits in the Philippines: What is to be Done? be studied. The politicization of the AFP has been manifested in the more than a dozen coup attempts that have occurred in the past 24 years. logistics. (f) disband organizations not authorized by the military. intelligence. With these persistent democratic deficits. operations. (h) crackdown by the military on some "big fish" corrupt officers.e. must be implemented in order to prevent or when dealing with coup attempts when they happen: (a) administer a justice and rehabilitation program to military participants. There is a need to identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance.. Alternative ways of raising revenues by local government units (LGUs) must be explored while more efficient ways of collecting local taxes must be adopted. (g) observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice. municipal mayors. The need for capacity building in the face of various challenges on the ground is a major democratic deficit that can be addressed in the short. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform. There must be efforts to document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions. there is a need to develop. (e) remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. and provincial governors. among others. The functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities must be strengthened. city mayors. exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out. The following key recommendations contained in the Davide Commission report. particularly in the areas of disaster management and environmental protection and preservation. and training functions. There is a need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels. the Local Government Academy can coordinate all other education and training agencies.
educational benefits abroad. and (c) remove LGU authority over the internal administration of the police force. For the PNP. (e) establish an autonomous Internal Affairs Office (IAO). 6 . (b) reintegrate authority to the PNP Chief to recruit. (g) implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits.Democratic Deficits in the Philippines: What is to be Done? (i) stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. and (c) study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank. (e) strictly implement control measures over supplies. (h) provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. and (n) work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP). the following must be seriously considered: (a) remove negotiable and highly discretionary support from LGUs. (j) conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. (b) review the geographic distribution of hospitals. purchasing and auditing. (l) provision of sufficient resources and support to the Deputy Ombudsman for the Military. (m) institutionalize necessary improvements in the military in the areas of promotion and assignments. The following key recommendations of the Feliciano Commission report must be implemented: (a) liquidate the AFP Retirement and Separation Benefit System (RSBS) in an orderly manner and return the soldiers‘ contributions. especially those before the Commission on Appointments. (f) reinforce the Office of the Ombudsman by increasing funding and other support. To improve the state of AFP medical services. (c) simplify AFP procurement procedures. there is a need to: (a) ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services. (k) encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft. (d) strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands. and compulsory attendance at military command schools (similar improvements may be done for the PNP). (f) set tenure limits for AFP finance and procurement officers. and (i) ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service. (b) establish an AFP Service and Insurance System. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system.
thereby shortening summer vacation. must be improved. Existing budget policies and governance must be changed from budgeting without accountability to outcome-based budgeting. focusing on feeding programs and financial assistance. among others. The Philippines will be hard-pressed to achieve the Millenium Development Goals for Health if present trends and deficits in the health care system continue.5 percent of the Gross Domestic Product). Reforms must be carried out in financing the health care system through multiple fund sourcing. from annual budgeting to multi-year budgeting allowing for a spending plan that is realistic and can be planned and programmed. there is no alternative but to equip our citizenry with the necessary skills and know-how in order to become productive citizens. Entrepreneurship courses must be integrated in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. Health. raising the quality of education and addressing the many deficits therein is imperative. There is a need to fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. from ―security of tenure‖ to merit-based performance evaluation and rewards. National 7 . from ―structure before strategy‖ to ―strategy driving structure.Democratic Deficits in the Philippines: What is to be Done? The democratic deficits and our recommendations in the area of Social and Economic Systems are the following: Education System. There is a need to increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. The designation of additional universities must be halted and instead the quality of education in existing and universities and colleges. provincial and municipal/city universities and colleges. while those of faculty at state universities must be doubled. The Adopt-a-School Program of the Department of Education must be widely promoted among the private sector. including specializations. A national master plan must be adopted in order to establish a new typology of Higher Education Institutions (HEIs) and a rational system of national. With a fast growing population. in order to address the problem of poor families not being able to send their children to school. There is a need to synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates. The quality of teachers must be developed by revising bachelor‘s education—reversing it from two-thirds teaching methodology and one-third content to twothirds content and one-third methodology. The salaries of public school teachers at the basic education level must be trebled. and the regulation of the entry of foreign education institutions into the Philippines. There is a need to seriously consider adding two more years to basic education (one additional year for elementary school and one additional year for high school) or alternatively lengthen the number of school days and school hours. regional.‖ focus on standards not standard operating procedures. One selected university department in every academic discipline must be upgraded into an honest-to-goodness world-class national center of excellence. including mother tongue-based multi-lingual education in appropriate areas in the Philippines. provided they meet certain criteria of qualifications and performance. With the entire world as our workplace.
Democratic Deficits in the Philippines: What is to be Done? government spending can be financed through borrowing (including re-financing of existing debts). and deployment of the various health professions. and harnessing community participation at all levels of the management cycle. Considered a biodiversity hotspot. additional tax sources. facilitating exchange of knowledge and experiences with Asia-Pacific Economic Cooperation (APEC) economies in order to build sustainable cities. The environmental development goals contained in Philippine Agenda 21 must be pursued. It is imperative to increase access to essential public health services including but not limited to family planning. there can be mandatory increases in the proportion of IRA to be spent for health. PhilHealth support value for identified services in the basic package may be increased. Efforts must be made to improve health governance through the Department of Health (DOH) as lead institution in implementing reforms leading to universal health care. tetanus toxoid immunization. micronutrient supplements and essential drugs by strengthening sourcing strategies. there is a need to improve access to public health commodities including but not limited to contraceptives. This can be financed from the present PhilHealth reserves and increasing premiums collection. practice. Health regulations (including regulation of pharmaceuticals and other health care goods) must be reviewed and strengthened. and condom use for the prevention of HIV/AIDS and sexually transmitted diseases (STD). There is a need to integrate and strengthen health workforce regulatory functions under one body in order to unify standards and regulations of the production. Measures must be taken to build sustainable cities and undertake renewal of rural areas. The Health Sector Expenditure Framework must be linked with the medium-term expenditure framework of the rest of the social sector agencies. The people‘s right to a clean and safe environment and other related rights have been undermined by environmental degradation. There is a need to manage and organize health information to maximize its value in reforming the health system. establishing autonomous and authoritative hospital authority or hospital boards. Health services (basic/secondary/tertiary) must be organized by revisiting the Local Government Code and its implementation. These include the implementation of Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level. improving provincial-level coordination of local health service delivery. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. Related to this. Finally. The country is also at the center of the adverse effects of climate change. wholesaling and distribution strategies and retailing strategies. and prioritizing the following concerns in the rural areas: 8 . For local government units. The practice laws of the different health professions must be updated and rationalized premised on health care being a team effort. Environment. the Philippines is facing various threats to its environment. there is a need to promote partnerships with civil society and the private sector in order to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. and reallocation from non-social service sectors.
There is a need to rationalize the cost of these two programs and provide a common standard of old age protection to all workers. and (c) the impacts and effects of aerial spraying. (e) pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. and by allowing people to determine their family size by providing them with information on the use of natural and artificial contraceptives. and reform of the pension system. (i) strongly enforcing zone regulations. including the idea of a catastrophe insurance pool.‖ A workable criminal and civil liability framework must be put in place that will serve as a deterrent to and facilitate claims for environmental damage. The provisions of the Clean Air Act must be strictly implemented. ―Green chemistry‖ and other clean technologies must be promoted through incentive systems. There is a need to put measures in place in anticipation of the increased ageing population. Depopulation may also be achieved by promoting regulated out-migration of families which is in fact already being done. housing and other basic services. Overpopulation and the increasing number of elderly persons are challenges because of the strain on limited resources for health care. (f) making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned. Overpopulation can be addressed through a combination of population management. (b) geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas. There is a need to protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. (b) defensive measures in dealing with forest fires. Population. Population growth may be controlled by lowering the incidence of unplanned pregnancies through the provision of information on reproductive health to the public. building codes and related laws in support of disaster risk reduction. and/or contingent credit facilities. outmigration.Democratic Deficits in the Philippines: What is to be Done? (a) areas that may be reserved for small-scale mining. (g) integrating Disaster Risk Reduction concepts in the curricula of both public and private schools. A host of climate adaptation and disaster mitigation measures is recommended: (a) passage of a comprehensive disaster management bill. regardless of sector of employment. 9 . (d) exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector. such as by possibly merging the Government Service Insurance System (GSIS) and the Social Security System (SSS) and instituting a sustainable pension mechanism for an ageing population. (h) setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units. The China model may be worth studying in this respect. Clean technology must be promoted while addressing pollution and environmental damage. (c) crafting a National Adaptation Plan for Climate Change. and (j) implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas.
(d) properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. and investments. (c) revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. (c) review laws which have been set for the economy. (b) study the pros and cons of federalism—will it be a better solution to the Mindanao issues. (b) strengthen the poor physical infrastructure of the country. The Communist insurgency and the Moro issue have derailed development in the rural areas. and revise those which seem to be outdated.‘ (f) push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. this includes constitutional reforms and further definition and clarification of rules of engagement. 10 . (e) prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. The democratic deficits and our recommendations on Special Concerns are the following: Insurgencies. especially those which deal with tariff and trade. there is a need to: (a) improve on governance and efficiency in delivering social services to the people. The government should prioritize the creation of jobs. Measures must be undertaken in various sectors in order to address these democratic deficits. In the political sector. and develop an orderly.Democratic Deficits in the Philippines: What is to be Done? Public-Private Sector Partnership. (d) implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country. or will it exacerbate differences and problems between the central government and local units?. more efficient system of networks between the government. civil society and the private sector. including investment incentives. This can be done through the following: (a) expand opportunities in agriculture and tourism to address the unemployment issue. The absence of a strong partnership between the government and the business/private sector as the engine of growth is a deficit that must be addressed if we would like development to trickle down to the grassroots. and (e) enhance connections within the government agencies involved in delivering goods and services to the public. and (g) create and maintain a better finance environment for small and medium enterprises (SMEs). improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. This will give stability to employment through a ‗sustained rise of output and productivity‘ which creates an assurance in the people of improving welfare standards in the country. particularly in areas in Mindanao where these challenges are rife. proper implementation of rules and programs to render the best service possible.
storage facilities. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. feeds. and make them more accessible to all. (b) construct core shelters for displaced individuals and families. and (e) develop health programs dedicated to the care of infants and children. (c) provide farm and fishery materials and equipment. and (e) provide immediate supply of seeds. (c) adjust trade and tax policies. fertilizer. soil conservation by cash or food for work. (b) remove barriers to domestic trade. Food production and agricultural productivity programs must be put in place in order to deal with this deficit. (c) rehabilitate small-scale irrigation. The following may be implemented in the medium-term: (a) draft feasibility studies for agricultural development and agribusiness prospects. (b) enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children. and (c) decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education. (b) increase smallholder farmer food production. the other traditional areas for food production should not be neglected. the following may be implemented: (a) study the proposal to transform the National Food Authority into a postharvest service institution. Mindanao should be developed as the country‘s food basket.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. (d) manage macroeconomic implications. the following may be carried out immediately: (a) deliver food aid. For the short-term. (d) rehabilitate damaged health and educational facilities. veterinary drugs/services and small pumps to those in need. and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas. (d) reduce post-harvest crop losses and community-based food stocks. 11 . (c) develop projects for capacitybuilding for various local institutions. Food Security. The following may be implemented in the short-term: (a) provide educational assistance to out-of-school youth. (b) rehabilitate access tracks. and (b) make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses.Democratic Deficits in the Philippines: What is to be Done? In the economic sector. small bridges and irrigation facilities. and (e) remove constraints to domestic trade in order to link small farmers to markets. there is a need to: (a) develop inter-faith dialogues as confidencebuilding measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. farm-to-market roads. In the social sector. The country has experienced food shortages from time to time which are a manifestation of how fragile our state of food security is in the Philippines. The following may be undertaken immediately: (a) enhance emergency food assistance nutrition interventions and safety nets. However. and (d) implement farm and non-farm livelihood projects.
(b) stimulate public-private investment in agriculture. it is very difficult. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. (e) improve rural infrastructure. (k) speed up peacebuilding processes in Mindanao. where vast potentials for development remain untapped. including land. (n) strengthen physical infrastructure. increasing nutrient content of products. i. 2. building more quality farm-to-market roads and better irrigation systems. especially in Mindanao. (g) support development of producer organizations. (c) ensure secure access to and better management of natural resources. (j) provide farmers in rural communities with better access to equipment. and to the country as a whole. Unless there is peace in the various regions. (f) ensure sustained access to competitive. Public-Private Sector Partnership. not only in that particular region. (i) implement genuine agrarian reform programs which do not patronize selected sectors of society. Insurgencies. Development can only be pursued if there is a sound working relationship between the government and the private sector. transparent and private-sector led markets for food produce and quality inputs. Peace is a pre-requisite to development. but also for the whole Philippines. the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. (o) improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. within the next five years. (d) invest in agricultural research. Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. in the following order of priority: 1.Democratic Deficits in the Philippines: What is to be Done? For the medium. Corruption/Rule of Law and Justice Reform. (h) strengthen access of smallholders and other food chain actors to financial and risk management instruments. if not impossible to bring development to those areas. (m) manage population and improve education. and (p) improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products. (l) secure public sector partnerships with the private sector and NGOs in research in order to help in the promotion of agricultural development. facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families.e.to long-term. and optimizing soil usage through alternate cropping. 3. the following may be carried out: (a) improve enabling policy framework. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. which will further ensure food security. 12 . water and biodiversity. We believe that the most urgent tasks for the new leadership that in order to lay down the groundwork for economic development are as follows.
Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. in contrast to purely personality-based leadership that we have now. Political Parties/Electoral Reform. Local-National Government Relations. Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. 13 .Democratic Deficits in the Philippines: What is to be Done? 4. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay. 5.
The ―what is to be done‖ shall. Why are we where we are now? What has happened to the promise of democracy that political and economic freedoms will lead to the good life? What happened to the promises of our elected representatives that they are going to represent our interests? What happened to the political party members who sought our votes but who later on changed their political colors? What happened to the promise of the rule of law? Of predictability of outcomes? Of the value of hard work? Of integrity? Why are we now the Sick Man of Asia? The purpose of this study is to identify areas where democracy has failed us. accountability and predictability. Finally. the agency(ies) that will be responsible for the changes recommended. the Philippines was known as the ―showcase of democracy‖ in the Asia Pacific. we aver that while these deficits are presented as segments. INTRODUCTION Post-independence in 1946. the Philippines not only copied many features of the US political structures.Democratic Deficits in the Philippines: What is to be Done? I. the major challenges identified and most importantly. recommendations on how we proceed to reduce if not altogether abolish these deficits altogether. medium-term and long-term. short-term. We call this phenomenon as democratic deficits. It only ranks among the first in two lists: the list of the countries perceived to be most corrupt and the list of countries most hit by disasters. They are deficits in governance. We shall also attempt to identify. At the time of writing. they are interrelated and are linked to each other. water. it was also socialized by the American colonizers to the ways of democracy. 14 . They are deficits in the economy which exports a lot but does not produce employment. They are deficits in representation. many deficits of our democracy. food. the Philippines finds itself at the bottom of every list measuring the quality of life and various human development indicators. we are preparing to elect new leadership for our country with a presidential election and election of the new Congress all intended to bring about new politics. Five decades later. They are deficits in the way we treat our minority communities. In the 1960s. the Philippines was second to none except Japan. be categorized into immediately doables. They are deficits in the relationship between the local government and the national government. shelter and the many other fundaments of living are neither provided for nor are the opportunities to reach them given. They are deficits in the way we degrade our environment paying little attention to the next generation. Finally. their basic features described. as far as practicable. These are the many. Having been under the tutelage of the United States for nearly 50 years. to the extent possible. They are deficits in transparency. Each one of the aforementioned deficits will be tackled. They are deficits in the high number of Filipinos who are not able to obtain education and who are not given an opportunity to improve their lot. they are deficits in the way health.
will it be old politics with new faces? It is hoped that this study may provide some guidelines for the new leadership in the three branches of government to be able to discern where we shall start mending and reengineering and streamlining as we tortuously and collectively decide that we no longer wish to be labeled the Sick Man of Asia. 15 .Democratic Deficits in the Philippines: What is to be Done? Or.
Political Parties/Electoral Reform Role of Political Parties in a Democracy Political parties are so central to the life of any democracy. The power of recall. puts it along some form that can be translated into policies. if one political party promises that eradication of poverty is the keystone of its government program once elected. In the 24-member Senate and the 248-member House of Representatives.1 Political parties differ from other groups in their goal to get into positions of power and contest elections. initiative. then. DEMOCRATIC INSTITUTIONS This chapter will present the democratic deficits in the area of democratic institutions. local government-national government relations and the increasing politicization of the AFP and PNP. rule of law and justice reform. It is the political party which brokers all the demands of the citizenry as they make known what they need in order to obtain the good life. the citizenry assumes that this promise will find realization in the legislators elected in Congress who will legislate along the promised ―eradication of poverty‖ of this political party. Political parties provide the crucial choices that democratic elections are supposed to engender. The citizenry also signals to the elected leadership that sovereignty resides in the people and all government authority emanates form the people. Political parties through their party platforms promise the electorate a certain way of governing. and impeachment are all enshrined in our fundamental law which gives every citizen not only the right to vote but also the right to oust its elected leader. Democracy is underpinned by the principle of periodic changes of leadership.Democratic Deficits in the Philippines: What is to be Done? II. are the main vehicles of democracy. for example. In some important cases like the declaration of a state of war. the many demands of the citizenry will remain unarticulated and will find no voice in any of the instrumentalities of government. political dynasties. A. referendum. then. Important committee chairmanships and memberships are distributed along party strengths. corruption. Political parties. Thus. Parliamentary procedures on delivering speeches. This will include the challenges of political parties/electoral reform. initiating legislation. Absent the political parties. committee participation and the like all require the backing of a political group or a coalition thereof. No one politician can promise to the electorate anything sans a political group/party backing him up. no ordinary law may pass without a majority of votes of its members.2 It is the political party which aggregates all the articulated interest of the citizenry. therefore. It is through political parties that such changes of leadership and policies may occur. impeachment cases. ratification of treaties. the number required will be either 16 .
Since the 16th century.5 A brief note on history. Randolph David who describes the nature of political parties in the Philippines as follows: Our political parties are incoherent and unstable. Thus.4 Perhaps. ideological. mass. cadre. the Philippines experienced three waves of colonization. under Spain for nearly 400 years. even ethnic or tribal.Democratic Deficits in the Philippines: What is to be Done? two-thirds or three-fourths of the entire membership of the legislature. This is how important political parties are in the life of our democracy. Philippine political parties are really brand names whose current owners trade on a bit of history to give themselves a touch of stature. pluralist. territorial or inter-territorial. according to adherence to set of beliefs or principles: nationalist. according to type of leadership style: charismatic or personality. under United States for nearly 50 years and a brief 4 years of Japanese Occupation during the US Commonwealth period prior to independence in 1946. a Filipino scholar. has classified parties into five types. what is the nature of political parties in the Philippines? Luzviminda Tangcangco. according to orientation and goals of group and group activities: power oriented and policy oriented parties and parties of action or parties of expression. They have no enduring organizational identities and no clear constituencies. reformist. A leader with no funds of his own to dispense will be unable to hold the party together. no one lone candidate running as an ―independent‖ can ever succeed in delivering on any of his electoral promises unless there is a political group/party or coalition backing him up. sometimes. Party members do not pay regular dues to fund party operations. communist. according to membership: elite. The leader of the party is usually the one who can fund its electoral participation. Both Spain and America took advantage of the existing local administration at the time of occupation and both coopted the local leaders through vast 17 . coming alive only during elections. no one can best describe Philippine political parties than noted sociologist Prof. They expect the party to financially support them.3 Nature of Political Parties in the Philippines Given all the foregoing. Their hold on their leaders and members is weak. They are dormant much of the time. dictatorial. They promote no distinctive visions or programs. as follows: according to political subdivisions and structures: national. namely. regional. They have no sustained programs for recruiting and nurturing new leaders. local. confessional or religious.
the voting citizens who have perceived certain promises of the candidates during the campaign period to be aligned with their demands will now expect these elected representatives to realize their promises in Congress or in the Executive positions to which they have been elected. The deleterious consequence of undifferentiated political platforms and programs is clear. After elections. The political parties which emerged prior to the grant of independence in 1946 were largely composed of landed elites which the United States encouraged as most of these colonial administrators believed that the masses were ―ignorant. Why is this so? Why are the elected representatives not compelled to follow a party line? The answer lies in the nature of the campaign dynamics. the clear absence of a national strategy of all the present political parties is a major democratic deficit as it immediately defines the lacunae of sets of policies that the party will be guided by if and when it gets into position or power. one may not expect a party vote in many cases. come voting time for legislation. credulous and childlike. Political parties are not continuing entities as they should be. In fact.‖6 In a later section. In the absence of a national strategy and program of government as guidelines to action. the political party members who have been elected will be hard pressed to follow a ―party line‖ because there is no defined ―party line. Thus. a political party leader usually banks on his own funds or relies on some business or other supporters for the campaign requirements of the party. Democratic Deficits of Political Parties in the Philippines What are the democratic deficits of Philippine political parties?7 The first deficit that we can identify is the deficit in accountability. little differing from each other and their programs of government often unarticulated in a comprehensive national strategy. They do not have dues-paying members and as noted earlier.Democratic Deficits in the Philippines: What is to be Done? landholdings grants and power sharing in the local realms. Thus. their platforms merely a recitation of general principles. radio and other media exposures. the candidate who decides to be a member of a political party expects the party to finance his campaign and support him during the campaign period by financing his TV. Political parties in the Philippines are largely undifferentiated. we shall see how this historical antecedent coupled with the electoral system will contribute to the emergence of many political dynasties. 18 .‖ Thus. the oligarchy which Spain and America cultivated and nurtured eventually became the kernel of the present political parties.
while there may be on paper a procedure for vetting candidates. Why is political turncoatism so rampant? Recall the campaign finance we discussed earlier and the undifferentiated party platforms and programs. we noted that all the platforms of political parties and their programs of government are not differentiated. Despite the campaign laws on campaign finance. then. In some cases. changing political parties or crossing the aisle as in the British tradition does not lead to political suicide in the Philippine context. The political party member easily transfers to another party where he thinks he will be more advantaged in many ways because there is no sanction linked to his changing party color. where is accountability and responsibility here? Clearly. Then. Thus. We recall that since independence. when the time comes for crucial votes on major legislation. may depart from the promised party program of government as the citizenry has little opportunity to compel compliance thereof. When this happens.Democratic Deficits in the Philippines: What is to be Done? Loyalty is engendered to the party leader. even the citizenry is hard pressed to make the parties accountable for the vague promises they made during the campaign period. the elected party member is not compelled to vote according to a party line. Earlier. Since the candidate is beholden only to the party leader. we break the promise of democracy where the political party is supposed to be responsible for translating the demands of the electorate into decisions or policies. In a study by Carlos on the dynamics of political parties. Most times. So. then. campaign contributions from business or even sometimes from foreign sources are directly given to the political party leader. what about the frequent changing of party colors of the candidates? This has been labeled ―turncoatism‖ and has been a fixture of the Philippine political landscape since independence. Also. there is a huge democratic deficit here. three candidates for President. not to the party. the reporting of election related expenditures are pro forma where the Commission on Elections (COMELEC) has neither the capability to question nor to check the reports of each party on campaign spending. for the highest position of the land. 19 . because political parties are not continuing organizations. of course. Alas. For one. this affects both party discipline as well as accountability of the elected representative to the electorate who voted him to power. in turn. The party leader. come crunch time. have changed their political parties and became ―guest candidates‖ of the other party. until next elections. There is neither accounting nor auditing of campaign contributions.8 What is the consequence of this kind of non-accountability in campaign finance? Clearly. the turncoat even gains political capital and support when he changes parties. the party members do not ―grow‖ into the party. it was reported that campaign financing is mostly sub rosa.
(See Annex A for Political Party Reform Bill. then. there is no opportunity for serious and active recruitment of younger members who will grow into the organization. sets the rules… No one in the history of Philippine political parties has been made to pay for changing party color. when the political party asks the party member to vote according to what the party dictates.to medium-term. What is to be done? Clearly. far between and half-hearted at best.Democratic Deficits in the Philippines: What is to be Done? determining who will run in what constituencies. Meanwhile. Whatever passes of continuing education and training of its members are few. They will be revived or resurrected only when election comes. This way. The implications for party accountability and responsibility are crucial to any democracy. The political party must be the only lifeline of the party member so that his advance in politics must rely on the decisions made by his party leaders. There is no loyalty engendered by paying dues by members. This also has links with party finances. there must be clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much. What about party organization? What about party recruitment? What about party membership? What about continuing education and training of its members? All these are basically absent or merely pro forma as political parties become moribund as soon as elections are finished. How do we stop political turncoatism? Party loyalty can only be engendered by making the political life of the party member linked with his party membership. the support for the candidate forthcoming from the political party should be clear. democracy is seriously compromised. There is a political party reform bill which failed to be legislated upon in the last Congress and which really needs to pass soon. whoever has the gold. for most parts. there is a need for several approaches to change the way political parties behave by changing the landscape within which they operate within the short. As they say. these decisions are made only by few party ―big guns‖ if not made by the paymaster who is the party leader who controls all the funds. Party finance reform can also be legislated upon as it is being done at the time of this writing. Because party finance right now is basically controlled by the party leader. then. Political parties must have clear ways by which they finance their campaign and other activities and where government financing is absent.) What it may stipulate is better accounting of party funds as well as matching government support 20 . then. the accountability is clear. Where the political party member/candidate cannot be made accountable for the promises he made in behalf of his political party.
a major source of corruption later.Democratic Deficits in the Philippines: What is to be Done? for recognized and registered political parties. As we can see. The period for campaign should be radically shortened to 60 days for the national positions and 30 days for the local positions.107 islands of our archipelago is a gargantuan task not only requiring tremendous funding but huge logistical challenges. In a parliamentary set-up. New elections may bring about new majorities or new coalitions. What about the present party list system? In the 2010 election as of this writing. And. Note that in a parliamentary system. a political party member who has not been disciplined before will more likely be disciplined by his party members because the life of the political party relies on the continuing loyalty of the party members. then. This is also one way of limiting election expenses during campaign. elections may happen anytime the government of the day gets a vote of ―no confidence‖ and is thrown out of office. Given this stricture. many changes in the party system. And. This accounted for the nearly two feet of ballot that will be used for the election on May 10. we may be able to compel party loyalty and we reduce the campaign period and even reform campaign financing. as in the case of Great Britain. we should also consider changing the system of government from the presidential form to a parliamentary one. 2010. This will be discussed at length in a later section of this chapter.000 inhabitants. The election period need not be 90 days as it is presently because no one will run for a national position. Thus. Vice President and the members of Congress and 30 days for local positions. the election period can easily be truncated to three weeks which is just enough time for the candidate to go around his electoral district which consists of about 250. the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. The requirements of having to campaign all over the 7. on the average. when we shift to a parliamentary system. the parliamentary system is definitely party government. The one who will become Prime Minister under a parliamentary system runs as a regular member of parliament in his electoral constituency. there were 187 party list groups which were registered with the COMELEC. And. How did this huge number of party list groups come about? 21 . the campaign period is an excruciating 90 days for the President. what about the election campaign period? Under present election rules. This is expected to bring about many. Concomitant electoral and legislative rules may also compel party members to stick not only to party lines but also not to cross the aisle or change political parties.
Democratic Deficits in the Philippines: What is to be Done? Some historical background is in order. the system is a mixed single member district and proportional representation system. the party list as practiced elsewhere like in Germany was intended to prevent the democratic deficit arising from political parties losing seats yet getting votes disproportionate to the votes cast for its candidates. the COMELEC may again be confronted with the conundrum of having to go through so many groups who deem themselves marginalized and getting them accredited. Since the COMELEC officials themselves were not guided by clear rules or definitions about who are ―marginalized. many groups claiming to be ―marginalized‖ sought accreditation with the COMELEC. the party list was adopted which was a two-vote system for an individual party candidate and a political party. one for the individual and another for the political party. As it is practiced in Germany. 22 . This became the seed of what eventually became the Party List law which allowed so called marginalized groups to be represented in the Philippine Congress if they obtain two percent (2%) of the total votes cast so long as they do not exceed 30 percent of the total number of seats in Congress. Note that. Thus. then. In a single member district system using the first past the post system of plurality. it will be quite difficult for even these groups voting collectively to vote in or vote out any bill for consideration in the house. The party list system in the Philippines should be reformed along the German way of the party list. there was a clamor for the representation of ―marginal‖ groups for sectors which were perceived as not adequately represented by the then Batasang Pambansa or National Assembly. parties getting so many thousands of votes for their candidates lose out in the number of seats they obtain. If this is not done before the next election. Also. If the political party garners 40 percent of the total votes cast. Thus. The mixed single member district and the proportional representation system reduces the misrepresentation that occurs when only the single member district is used. Then. During the martial law regime in the administration of President Ferdinand Marcos. then. For a party to be eligible to sit through the party list. we would have less problems to grapple with come election time. (See Annex B for Party List Law. even with 20 percent of the seats granted to the party list groups under the present election laws. it is easy to see how many times. Each political party submits to the federal election body the party list containing an ordinal list of party members in advance of the elections.‖ the number of groups included in the final ballot ballooned to 187 as it is now. then. if we amend the present party list law to reflect its real intent as seen in the German experience.) The party list system has wreaked havoc in our elections as so many. it should get 40 percent of the seats in the legislature. Evidently. the voter casts two votes. the votes for the political party are added. it must elect at least 3 candidates through the single member district system by plurality.
Given the rampant turncoatism among the party members. Either we change to an election system where the two top executives are elected as a team or we altogether remove the Vice Presidential position. First. we have a system where the Vice President is elected separately from the President. We have seen the deleterious effect of this where the Vice President belongs to another political party and is left simply as a ―spare tire‖ and effectively sidetracked while waiting for the President to be incapacitated or to die. however. This situation becomes a compelling reason for the adoption of a parliamentary system. this may be the appropriate time to consider the various institutional challenges of our democracy altogether. Indeed. 23 . in a parliamentary system. the Vice Presidency will not be necessary. Think of the wastage both of expertise of the Vice President as well as the allocation of a big budget of his office only to be a waiting post. Because the President cannot be re-elected. Fourth. Second. because of this power configuration. here we have a President with a fixed 6-year term without re-election having to work with a lower house which has a term only of 3 years . in regard to the tenure of the President vis-à-vis the tenure of the members of the House of Representatives. it is possible for one to just sail along since there is no more incentive to perform because of the no re-election rule. The empirical evidence.Democratic Deficits in the Philippines: What is to be Done? Since we have noted the possibility of considering the parliamentary system. the members of the House of Representatives could not but kowtow to the President since the latter has a 6-year term and the former have to be re-elected for another 3-year term. the requirement for the election of the members of the Senate nationwide continues the onerous need for tremendous amount of money for campaign funds and for special interests to be catered to as a result of such ―obligations‖ for payback after elections. what happened to the party line? What happened to the election promises which now have been buried in the Realpolitik of the numbers in the House? Then. consider further the demands on the presidency which has only 6 years or about 2. So. The abolition of the Senate may be seriously considered and the reversion to a one-chamber legislature should be considered. Third. too. is mixed in regard to long terms of the Chief Executive.100 days which demands will certainly go beyond 6 years in its implementation. it is not surprising that many of the minority party members will now do a collective swearing in to the party in power so they can gain in the largesse of a majority party who is able to make decisions on the allocation/release of the pork barrel and committee chairmanships and memberships.
in regard to campaign finance. Sixth. many bills which should be the subject of legislation are not able to pass because the political party system is broken and there is no party line and there is no concomitant party accountability. we have noted that the party list as it is practiced today has departed quite far from what it should be as part of a proportional representation solution to the underrepresentation in the legislature.Democratic Deficits in the Philippines: What is to be Done? Fifth. there should also be a change here where the government shares in the campaign finance as a proportion of the votes received by the political party in the previous election. there is no way such accountability can happen because political party members change political color depending on expediencies. governments will flourish or be forced to resign on a vote of confidence dependent on whether they respond to the needs of their constituency. Finally. and limiting election expenses Radically shorten the election campaign period to 60 days for the national positions and 30 days for the local positions 24 . Committee chairmanships and members. where there is no party majority and where coalitions at best are resorted to. matching government support for recognized and registered political parties. in the present system. in a parliamentary system. House rules and procedures become hostage to the numerical configuration in the House never mind the election promises and never mind the bigger challenge of changing things through legislation. we have noted elsewhere the party list anomaly where the number of marginalized groups has become so many and the COMELEC is hard pressed to define who the marginalized groups are. Again. Further. within the House of Representatives. Recap of “What is to be done?” Link the political life of the party member with his party membership so that his advance in politics must rely on the decisions made by his party leaders Require political parties to have clear ways by which they finance their campaign and other activities and where government financing is absent. This can be part of the electoral reform that has been noted in another section in this chapter. Alas. the support for the candidate forthcoming from the political party should be clear Institute clear rules of accounting and auditing of party funds within party so that no one person dictates who will get what and how much Pass the Political Party Reform Bill into law for better accounting.
Unfortunately.Democratic Deficits in the Philippines: What is to be Done? Reform the party list system in the Philippines along the German way of the party list which is a two-vote system for an individual party candidate and a political party as part of a proportional representation solution Change the system of government from the presidential form to a parliamentary one which is expected to bring about many changes in the party system because the party or a coalition of parties obtaining the highest number of votes in the legislature gets to form the government of the day. not enough of us can go beyond our self-interest and vote for the interest of the bigger whole. the major bane of democracy is that each one of us votes to benefit and not to deliberately harm ourselves. election requires tremendous resources which resources become the advantage of the incumbent. we will be able to overcome the many complications present in a presidential form of government. As noted in the previous section. compel party loyalty. cultural and legal environments of our elections.9 The problem is that many of the members of congress will directly be affected by the passage of this anti-dynasty bill as many are brothers. section 26 of our constitution states that ―The state shall guarantee equal access to opportunities for public service and prohibit political dynasties…. the requirement for a level playing field for any one candidate is violated many times. In principle. Despite the term limits of three terms for members of the House of Representatives and two terms for the members of the Senate.‖ Given this constitutional stipulation. the relatives of those earlier elected clearly have an advantage when they replace the incumbents. 25 . no one Congress has been successful in passing an anti-dynasty law to put flesh to this constitutional right to equal opportunity to serve. Many sessions in Congress reportedly failed to take up any anti-dynasty bill as it is invariably referred to the Committee on Electoral Reform which effectively kills it. daughters. sons. Indeed. an anti-dynasty law may be considered antithetical to democracy which enshrines the right of every one to vote and to be voted upon. given the many economic. reduce the campaign period and even reform campaign financing where government shares in the campaign finance as a proportion of the votes received by the political party in the previous election B. However. sisters. Political Dynasties Prohibition on Political Dynasties Article II. by shifting to a parliamentary system. wives. husbands of other elected officials.
Democratic Deficits in the Philippines: What is to be Done? What is to be done? Because of the difficulty of passing an anti-dynasty law, it may be better if we level the playing field giving everyone the opportunity to render public service in the area of electoral reform within the short- to medium-term. We have given some recommendations on reform of campaign finance which is now crucial to ensuring that not only the more endowed financially can contest our elections. Then, the reform of the political party is also in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two-ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources. More strict laws sanctioning corruption and misuse of public resources are taken up in a later section on corruption. Then, too, the notion of ―good dynasties,‖ which is an oxymoron, goes against the need for periodic changes of leadership and not simply periodic changes of faces with the same names. This clearly is a democratic deficit. Alfred McCoy who wrote a monumental study on elite politics in the Philippines has correctly diagnosed the challenge thus: …the Philippine executive has, as an institution, compromised the integrity of the bureaucracy and allowed the privatization of public resources. Over the long term, then, we can conclude that such policies weaken the state and empower elite families, ultimately limiting the capacity of the bureaucracy to direct entrepreneurs and lead the country‘s development. Through this particular interaction between strong families and weak state, the Philippine economy has declined markedly compared with its neighbors in eastern Asia. In South Korea, Singapore and Thailand, the state has played an active role in national development, avoiding the arbitrary and ultimately destructive partisanship rampant in the Philippines. Such a system leaves an ambiguous legacy. By fusing politics and business, elite Filipino families have proved adept and aggressive at rent seeking, subverting public institutions to promote private accumulation. After a century, these political families have accumulated sufficient power, prestige, skill and wealth to perpetuate a system that serves its interests. Indeed, any attempt to use the state to restrain these elites may, as it did in the Marcos era, merely mask a partisan attack by new, even more avaricious families. This subversion of the public wealth in the service of private, familial wealth may be a corruption under the law but it is also the dominant feature of politics as practiced in the Philippines. (emphasis ours)10
Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?” Level the playing field through reform of campaign finance by reallocating resources and giving opportunities to less financially endowed but capable candidates to enter the political arena Reform of the political party in order to change the election campaign period, the procedure for vetting of candidates, the manner of electing through the two ballot system and others which are all designed not to favor incumbents who have access to and indiscriminately use public resources Pass more strict laws sanctioning corruption and misuse of public resources (taken up in the chapter on corruption) C. Rule of Law and Justice Reform Rule of Law in the Philippine Context Retired Chief Justice Hilario G. Davide, Jr. (who later became Permanent Representative to the United Nations) defined the scope of the rule of law based on the United Nations definition: From the United Nations definition of the Rule of Law, which includes, inter alia, these universal principles of: laws publicly promulgated, equally enforced and independently adjudicated and which are consistent with international human rights norms and standards; supremacy of law; equality before the law; accountability to the law; fairness in the application of the law; legal certainty; avoidance of arbitrariness, and procedural and legal transparency, it is abundantly clear that an independent, effective and efficient judiciary is indispensable to the protection, promotion and enhancement of the Rule of Law.11 Then Justice Artemio Panganiban (who later became Chief Justice) clearly explains the context of rule of law in the Philippines: The 1987 Philippine Constitution guarantees the independence and integrity of the Philippine Judiciary by placing it on equal footing as our lawmaking body (Congress) and law-executing official (the President). Our fundamental law has given our Supreme Court not only the final authority to review and correct errors of all courts in the country, but has also mandated this Court to nullify any act of any branch or official of the government -- including that of the legislative or executive department -- when that act has been done with ―grave abuse of discretion.‖
Democratic Deficits in the Philippines: What is to be Done? The security of tenure of all judges, from the lowest to the highest courts, is guaranteed by our Constitution. On condition of good behavior, all our magistrates serve until they reach the age of 70, without any extension. Only by the tedious process of impeachment may the members of the Supreme Court be removed; while only for cause duly proven -- and only by the Supreme Court, not by the President or Congress -- may all other lower court judges be removed from office or otherwise disciplined. Moreover, the judiciary is constitutionally granted fiscal independence in two ways: (a) the salaries of members of the bench cannot be decreased during their terms of office, and (b) the appropriation for the entire judiciary cannot be decreased by Congress below that for the previous year. Once approved, the judiciary budget shall be ―automatically and regularly released‖ to the Supreme Court. The Supreme Court, not Congress, prepares and promulgates rules of procedure and evidence in all courts in our country. Also, the Court decrees rules ―concerning the protection and enforcement of constitutional rights,‖ a prerogative that is quasi-legislative in character. Moreover, it controls admission to the practice of law; for this reason, it conducts the annual bar examinations. It is also empowered to discipline, suspend or disbar lawyers.12 Rule of law is the basis for achieving justice and can be effectively used to advance national development through effective public administration.13 However, it should be noted that the rule of law is upheld and supported by the complex justice system in the country, not solely by the judicial branch: The judiciary is the branch of government tasked with interpreting laws and determining their application in actual disputes. As such, it is the branch most visibly engaged in justice administration. This is why the justice system is sometimes thought to be synonymous with the judiciary, even if it is not the only government branch engaged in the administration of justice.14 The latest study of the Asian Development Bank captures how the justice system in the Philippines is configured (See also Table 1): The justice system of the Philippines is a sophisticated network of government branches, agencies, and offices for dispute resolution, investigation, prosecution, police action, and correction and rehabilitation of offenders. No one government branch or office performs all of the above functions…. The legislative, judicial, and executive branches of government, as well as independent justice sector agencies created by the Constitution or other laws, all participate in the administration of justice.
Democratic Deficits in the Philippines: What is to be Done? Since it is not the province of a single government branch, justice administration requires cooperation and coordination among government branches to proceed effectively and efficiently. However, achieving cooperation and coordination is a challenge. The country adopted a government that operates under a system of checks and balances, so that each branch ensures that the others do not abuse their powers. In addition, commissions and agencies independent of all government branches have been set up as further checks on government abuse. Such a system comes with the risk that justice administration agencies will relate to each other in an adversarial—rather than a cooperative—fashion.15 Table 1 The Philippine Justice Sector16 Office Branch of Government Courts Judicial Branch Quasi-judicial bodies Executive Branch (including National Labor Relations Commission) and administrative agencies with quasi-judicial functions (such as Presidential Anti-Graft Commission) Barangay Justice System Executive Branch (Department of the Interior and Local Government) National Commission on Executive Branch (Office of the Indigenous Peoples President) Commercial arbitration and Framework set by legislature, other alternative dispute implementing rules to be set by resolution mechanisms Department of Justice, corresponding rules to be adopted by judiciary Juvenile Justice System on Executive Branch Diversion (local social welfare and development departments, barangays, law enforcement officers, prosecutors) National Prosecution Service Executive Branch (Department of Justice) Office of the Solicitor General Executive Branch (Department of Justice) Ombudsman Independent Constitutional Commission Commission on Elections Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Commission on Human Rights Independent Constitutional Commission Ombudsman Independent Constitutional Commission Anti-Money Laundering Independent financial intelligence unit Council Presidential Anti-Graft Executive Branch
Function Dispute Resolution
Law Enforcement: Investigation
the power of the President to appoint the next Chief 30 . disregarded or even disrespected—politics in the province of Abra. the Maguindanao massacre and the ongoing trial of the Ampatuans. Lao. there are many examples from the local level to the national level of how the rule of law has been simply challenged.Democratic Deficits in the Philippines: What is to be Done? Commission Various executive and administrative agencies Philippine National Police National Bureau of Investigation Philippine Drug Enforcement Agency Other law enforcement agencies and agencies with power to arrest and effect searches and seizures Public Attorney‘s Office Bureau of Corrections Parole and Probation Administration Bureau of Jail Management and Penology and Philippine National Police-supervised jails Provincial Jails Department of Social Welfare and Development Local government units Law Enactment Senate House of Representatives Executive Branch Executive Branch (National Police Commission and Department of the Interior and Local Government) Executive Branch (Department of Justice) Executive Branch (Office of the President) Executive Branch Law Enforcement: Police Action Public Defense Corrections Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of Justice) Executive Branch (Department of the Interior and Local Government) Executive Branch (local government units) Executive Branch (Department of Social Welfare and Development) Executive Branch (local government unit) Legislative Branch Legislative Branch Source: Christine V. Background Note on the Justice Sector. In the Philippines. 2007. former President Joseph Estrada‘s trial for plunder. Challenges to the Rule of Law Respect for the rule of law has been a growing issue in developing and under developed countries where human rights issues and the need for dispute resolution mechanisms are the main concerns of the judiciary in those countries.
and absence of limits in other government agencies to act on cases filed further compound the problem of heavy caseload.) These examples show that the rule of law is circumvented when one or more institutions fail to implement and enforce appropriate laws. piecemeal trial system.000. are influenced by and/or are copied from American law that. (See Annex C for a detailed discussion of these various examples of Challenges to the Rule of Law. and Islamic system. The procedural laws and commercial laws.19 The Shari‘a justice system has its share of unique challenges. in turn. or when the system of checks and balances is undermined.) Marites Danguilan Vitug summarizes statistics on the Philippine judiciary. The triggers may either be internal or external to the government and socio-cultural or political in nature.274. the load of the courts is still overwhelming. (See Annex D for a detailed discussion of the Challenges to the Philippine Justice System. Under the Rules of Court. population increase with accompanying socio-economic problems. this way: 31 . The Code of Muslim Personal Laws is influenced by the Islamic legal system. lack of courtrooms and other unanswered infrastructure needs. The new Civil Code and Revised Penal Code are basically of Spanish origin.17 In terms of resources at its disposal. outdated equipment.00 that represents 0. inadequacies of trial lawyers. Case disposition is a major indicator of the efficiency of the dispensation of justice. however.81% of government spending. and the various factors impinging on the decision-making processes in the Supreme Court as well as the Judicial and Bar Council.Democratic Deficits in the Philippines: What is to be Done? Justice of the Supreme Court. is based on the common law system.798. it had a PhP10. which in turn was shaped by Roman law. The vacancies in the judiciary. Philippine substantive law traces its origins to the substantive law of Spain.18 This means inadequate pay incentives. varying degrees of incompetence due to lack of information flow and training. the Philippine Judiciary does not have much compared to the other agencies of the executive branch—in 2008. Challenges to the Philippine Justice System Closely related to the rule of law is the justice system. common law system. the lack of legal aid for poor litigants. the lower courts must decide a case in 90 days after submission for decision. complexity of procedural rules. particularly the long delays in resolving cases. While there have been some improvements in the disposition of cases. The Philippine legal system is a melting pot of three legal systems in the world: The Philippine legal system bears significant influences of three major legal systems: the Roman system.
81% or less than 1% of the whole pie. there were 642. The vacancy rate of judges and Justices in the first and second-level courts as of April 2009 was 23. judicial independence. we note that concrete steps are being taken to address this challenge. followed by municipal circuit trial courts and metropolitan trial courts. Considering the many challenges to the Philippine Judiciary. discharge its duties effectively and efficiently. and the guardian of the Rule of Law.20 Overall. effective and efficient and worthy of public trust and confidence and a legal profession that provides quality.213 cases pending in the courts (except the Supreme Court). the last bulwark of democracy.000 cases. the development of the Philippine judiciary has not kept abreast of the growth of the Philippine population. It was highest in the Shari‘a district and circuit courts.770. 32 . reforms were initiated and vigorously pursued under the leadership of then Chief Justice Hilario G. accessible and cost-effective legal service to the people and is willing and able to answer the call to public service. The figures would translate to something roughly like this: every judge wrestles with more or less 30. impartial and swift justice. All these show that there is no match between the number of judges and Justices and the pending cases. and maintain public confidence. Hence.455 in December 2008. The backlogs were tremendous: 695. ―The Davide Watch: Leading The Philippine Judiciary and the Legal Profession Towards the Third Millennium.7 judges for every 100.286 cases (excluding the Supreme Court) as of 2007. at all times it must be truly independent.88%. equal justice. Jr. was . It declares that the administration of justice must be geared to achieve the goal of delivering fair.” According to Davide.693.‖21 Davide further explained: I have always maintained that the judiciary is the protector of the rights and freedoms of the people. Pursuit of excellence demands that judges and court personnel are not only qualified.000 persons. But. as wells as of the more complex and increasing number of human activities that result in legal cases. the document ―envisions a judiciary that is independent. Thus the courts are inundated with work and backlogs are overwhelming. in 2008. pending cases before the Supreme Court numbered 6. The total number of judges and Justices as of 2008 was 1. this fell slightly to 6. As of December 2007. and the pursuit of excellence should be preserved and at all times be predominant.Democratic Deficits in the Philippines: What is to be Done? The statistics are dire: The judiciary‘s share of the total budget. As of August 2009. Hence. with most (356. Davide. ethical.998) lodged in the regional trial courts. and the seeds of such reform were contained in document entitled. the core values of the rule of law. There are 2.
Canada.Democratic Deficits in the Philippines: What is to be Done? competent. (4) Institutional Integrity Development component. namely: (1) Judicial Systems and Procedures component. and the Rule of Law Effectiveness (or ROLE). the World Bank (WB). Writ of Habeas Data. the American Bar Association-Asia Law Initiative. and the United States. (6) Reform Support Systems component. Great Britain. It as essentially been continued by the succeeding Chief Justices Artemio Panganiban and Reynato Puno. Thus. the European Union (EU) and the Asian Development Bank (ADB). I underscore unprecedented because. Writ of Kalikasan (discussed in the section on Environment. I thought that the Supreme Court. Justice Panganiban notes that the APJR ―has become a model for developing countries‖ and ―has earned the support of all major multilateral developmental institutions: …like the United Nations Development Program (UNDP). Japan. and men of honesty and integrity.23 During the tenure of Chief Justice Reynato Puno from 2006 to 2010. (3) Human Resource Development component. chapter on Social and Economic Systems). I do not know of any other country in the world that has enjoyed similar global assistance for the modernization of its judicial system. 33 . in 2007. consisting of the Writ of Amparo. with all its expanded powers. the Supreme Court has promulgated several writs in support of the rule of law. in which we called on all the significant stakeholders of the justice system to find solutions to the embarrassing extrajudicial killings and enforced disappearances. as well as assistance from private donor organizations like The Asia Foundation. The APJR is composed of six major components. Writ of Continuing Mandamus and landmark decisions on landmark decisions on the Ancestral Domain Agreement on the Bangsamoro Juridical Entity and the clean-up of Manila Bay by the government (discussed in the section on Environment. they must perform their duties with passion and dedication to fulfill the public trust character of their office. funding grants from national aid agencies of several countries including Australia. (5) Access to Justice by the Poor component. I initiated an unprecedented summit. in its more than 100 years of its existence. could not remain passive vis-à-vis these continuing assaults on the human rights of our people. The APJR has had some measure of success which may be attributed to the substantial support it has received from various countries and international aid agencies. the High Court had not taken this step forward. (2) Institutions Development component.22 Justice Davide initiated what has been dubbed as the most comprehensive reform package for the Philippine Judiciary—the Action Program for Judicial Reform (APJR). chapter on Social and Economic Systems): As Chief Justice. the Netherlands.
…our Decision annulling the controversial Memorandum of Agreement – Ancestral Domain Agreement between the Republic and the Moro Islamic Liberation Front. There are common threads of justice reform in previous studies that we recommend that the government should consider as it undertakes such a herculean task (See also Annex E for Asian Development Bank and World Bank Perspectives on Justice Reform): Justice reform should be participatory. some 4. if only because they will lend greater transparency to the inner workings of the High Court. Spurred by their success. The summit gave birth to the Writ of Amparo and the Writ of Habeas Data. The success of these two writs cannot be gainsaid. But I am glad that my colleagues in the High Court supported the summit. inexpensive and fast. …I am glad that after more than one hundred years of its existence. the Supreme Court was able to promulgate its Internal Rules before the end of my term. Hopefully. From its experimental launch in October 2008. and no more will be the public misunderstandings of its procedure. The rules governing these claims are simple. Without that Decision. by an unlawful act or omission of a public official or employee or of a private individual or entity. informal.000 cases have been resolved by these Small Claims Courts. a ponencia of Madam Justice Conchita Carpio Morales. the Philippines would have been dismembered. which some suspected would just be another idle talkfest. in which the amount in question is not more than P100. knitted foreheads. These two remedial writs have given a substantial shield to our people whose right to life. the Supreme Court launched the Small Claims Courts with special rules to govern them. the shroud of mystery that veils its processes will be no more. and gave rise to a lot of question marks. It should involve the entire justice sector. 34 . and even the larger society.24 What is to be done? Ongoing reform efforts in the Philippine justice system must be holistic and comprehensive if we would like the entire justice system to perform in concert. These Internal Rules are important. If they continue to succeed — and there is no reason they will not — these Small Claims Courts could completely unclog the dockets in our first and second Level Courts in two or three years time. or threatened with violation. international aid agencies and the international community.Democratic Deficits in the Philippines: What is to be Done? The call raised eyebrows. liberty or security is violated. including agencies in the executive and legislative branches of government. …to help the poor who are involved in petty civil cases. Statistics show that today our people make use of the Writ of Amparo more than the Writ of Habeas Corpus.000. we have launched the Small Claims Courts nationwide.
25 Need for rationalized and coordinated law enforcement We support the recommendation of CPRM Consultants. Legislation is also needed. Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. many crimes against property would no longer be brought before the regional trial courts as they would already be resolved at the level of metropolitan and municipal trial courts. 22 (Bouncing Checks Law) must likewise be studied. This can be carried out in the medium-term: A deeper study to decriminalize and de-penalize certain offenses where there is no specific offended party is necessary to improve the adjudication process.26 We support the recommendation to design and adopt an integrated criminal justice information system which may be carried out in the medium-term: The design and installation of an integrated criminal justice information system that will link crime and case information across the pillars is recommended. and so is the adjustment in the threshold amounts with regard to crimes against property under the Revised Penal Code. competitive compensation for human resources. a disciplinary regime. to abolish the crimes of prostitution. and traffic violations. resource generation and management. for instance. The codification of criminal law is also proposed. crimes. simple disobedience to an agent or a person of authority. to decriminalize certain offenses under the Revised Penal Code and special laws and codification of criminal law. If the Code is amended. Inc. The amendment of Batas Pambansa Blg. premature marriages. and other crime indicators. The 35 . NBI and other police agencies which will store data on crime offenders.Democratic Deficits in the Philippines: What is to be Done? Justice reform should cover the various aspects of governance—a consistent legal framework. causing alarms and scandals. The integrated system will have the following system components: a) Crime management information system of PNP. vagrancy. We advance and support the following recommendations covering the various aspects of reform in the justice sector. including the so-called five pillars of the justice system. unjust vexation. sustainability and flexibility. Justice reform requires inspired leadership by the Chief Justice in order to follow-through the various reform measures in the long-term. failure to render assistance of or assume public office.
c) Strengthening the independence of crime investigations and the analysis of evidence and providing institutional mechanisms for insulating these. The development of crime classification and crime indicators will be necessary in establishing the criminal justice information system. arrest. c) Court case management system which will provide information and management support required in the management of caseload and case management by judges and clerks of courts. d) Jail management information system which will provide information and management tools in tracking prisoners. d) Establishing mechanisms to ensure that prosecutors get all the evidence. eyewitness identification procedures. e) Criminal justice information sharing system which will allow exchange of information across the pillars within the bounds of disclosure policies. and rules on evidence. interrogation procedures. improving its capacity for scientific analysis of crime case evidence. The outsourcing of scientific analysis of evidence should be considered to improve efficiency and strengthen independence of the process. including among others specific improvements on investigation procedures. b) Modernizing the crime laboratory. e) Improving case documentation procedures and skills in police report preparation. case documentation and 36 . status and activities and other relevant information. interrogation and field investigation. f) Strengthening the curricula and teaching technologies in PPSC on crime scene investigation. crime mapping. their conditions. b) Prosecution system which will contain a case management information system that will support the management of specific cases and overall caseload.27 We support the recommendation to adopt a holistic approach to the improvement of the crime investigation system of the police which may be implemented in the medium-term: Improving the overall capacities of the police for crime investigation will require a holistic approach that will involve the following: a) Improving and integrating police manuals into one manual for police operations. and crime analysis.Democratic Deficits in the Philippines: What is to be Done? system will also support police operations by allowing information sharing to facilitate tracking of suspects and cases.
a system-wide rationalization of police institutions should be undertaken through the following measures: a) Removing duplication of functions and jurisdictions between the National Bureau of Investigation (NBI) and the Philippine National Police (PNP). proliferation and fragmentation of law enforcement functions. and witnessing in courts. g) Improving the remuneration of the police force as a way of strengthening their insulation from undue politicization and corruption. We support the recommendation to remove duplication.29 Need to strengthen the prosecution agencies We support the recommendation to establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy which may be done in the long-term: Consider establishing an independent National Prosecution Service. i) Developing peer to peer and office dialogue mechanisms for regular and collective analyses of crime cases and for information and experience sharing. thus removing duplicative overhead expenditures and conflicting jurisdictions. c) Reintegrating police powers and functions now assigned to more than 30 national government agencies to a reorganized PNP/NBI. k) Piloting these and other institutional reforms at the police station level and creating pilot model police stations28. improve overall coherence and efficiency. j) Focusing policemen on just doing police work and not deploying them as body guards of important people. overlapping. Mastery of the police manual should be a precondition for completion of the training and education program.Democratic Deficits in the Philippines: What is to be Done? reporting. and d) Defining the role of local governments in policing. b) Reintegrating specialized crime agencies into the regular police force. together with the operationalization of reforms in judicial 37 . h) Improving the resources and facilities of court stations and their services to vulnerable groups. reintegrate police functions. and PNP/NBI. and clarify accountability. and remove institutionalized politicization of the police which can all be done in the long-term because of the high degree of difficulty of this endeavor: In order to conserve severely limited budget resources.
30 With the enactment of the Act Strengthening and Rationalizing the National Prosecution Service in April 2010. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. Need to reengineer the public defense system We support the recommendation to undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services. reintegrating authority to the PNP Chief to recruit. The parameters for the independence of the prosecution and police must be defined while operating within the reasonable bounds of existing administrative and financial management laws. rules and regulations of the government. and removing NPS as an organic structure of the DOJ and establishing it as an independent agency. These will require legislation and long-term development of institutional capacities as well as considerable political will. organization and staffing. Caseload fluctuations can be addressed by adopting some flexible prosecutor deployment and tenure mechanisms which may include outsourcing prosecutors and providing legal research staff to prosecutors. The criteria for the determination of the appropriate number of prosecutors should be established based on caseload. for example.Democratic Deficits in the Philippines: What is to be Done? independence. removing LGU authority over the internal administration of the police force. This will include addressing the following issues: removing negotiable and highly discretionary support from LGUs. through deployment of law students as practicum. We also support the recommendation to strengthen the capacities of prosecution agencies—National Prosecution Service (NPS) and the Office of the Ombudsman: The government must strengthen the core capacities of prosecution agencies simply by providing more prosecutors to the National Prosecution Service (NPS) and the Office of the Ombudsman (OMB). and assumption by the Judiciary of the authority to determine the details of its budget. putting in place mechanisms for the objective determination and automatic remittance of LGU support to the courts. This can be carried out in the short-term. This may be implemented in the medium-term: Within severely limited budgetary resources. the government must improve the efficiency of expenditures for public defense by adopting among others good 38 . we are hopeful that concrete steps can be taken. improve access and efficiency. The implementation of judicial independence reforms include the adoption of a one-line item budget which should be automatically and fully released by removing transactional requirements. and strengthen its independence.
the courts.g. b) Streamlining the oversight agencies of national government by removing their delivery functions and strengthening their role in providing and enforcing standards.. c) Providing mechanisms for private sector participation in restorative justice and providing half way houses particularly for women and youth offenders. A detailed review and reengineering of the social defense system is needed considering the following: a) Integrating all legal services of the national government into the Public Attorney‘s Office (PAO).Democratic Deficits in the Philippines: What is to be Done? governance framework and practices. d) Assigning public defense functions to LGUs (starting with high income LGUs) with PAO performing oversight roles and functions (e. cities and municipalities the responsibility for the provision and maintenance of local jails. This may be implemented in the long-term: The preparation of a devolution plan for the correction system and the rationalization of its institutional framework within a devolution context are recommended. and f) Strengthening partnership mechanisms among the PAO. c) Establishing PAO as an independent agency with some corporate powers. This may be done in the short-term: 39 . Such devolution program will involve: a) Transferring to provinces. providing and enforcing service standards and providing technical assistance). requiring all law firms. IBP and alternative law groups to improve geographical access of public defense services particularly in remote areas.31 Need to reengineer the corrections system We support the recommendation to reengineer the institutional framework of the corrections pillar.32 We also support the recommendation to amend the Probation Law to expand its coverage. allowing it to mobilize private sector resources. b) Refocusing the role of PAO from directly providing legal services to mobilizing and managing the country‘s resources for public defense. e) Enacting a law. law students and law practitioners to render free legal assistance to the poor and remote barangays. devolve delivery while maintaining strong oversight.
the executive branch. the Philippine Overseas Employment Agency which provides legal aid to overseas Filipino workers. This would also not only prevent but minimize appeals.34 Need to provide greater access to justice by the poor and disadvantaged We recommend that a joint committee of the Supreme Court. They will have stronger capacities to demand the provision of justice remedies thus strengthening the accountability of criminal justice institutions. This will also lessen the caseload of the Bureau of Jail and Management and Penology. civil society organizations and the communities. as well as the provincial and subprovincial jails which manage their respective jail facilities. Moreover. national government agencies. they could be persuaded to enter a guilty plea with the prospect of being put under probation instead of being imprisoned. These may be carried out in the medium-term: The general public who are familiar with the law may be better able to support and be more cooperative with the police in solving crimes. building on the gains of the CHR‘s teaching exemplars on human rights. other related measures include: a) Integrating criminal justice teaching exemplars or subjects into the formal education system. With decongested local jails.33 Need to educate communities We support the recommendation to popularize the law towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies. except in drug cases. IBP and alternative law organizations be formed immediately to coordinate the various legal aid providers in the country. including the following: a. if more offenders could benefit from probation. Government agencies that provide legal aid to beneficiaries of a government program such as the Department of Agrarian Reform which has a special unit that helps farmers in land reform cases. resulting in more criminal cases speedily disposed by the courts. b) Integrating law popularization procedures in the legal assistance services of the government and private sector and in the Barangay Justice System. and the Commission on Human 40 . Aside from the strategy of tapping the media to popularize the law. This will ease the severely congested penal facilities in the country and thereby contribute to the efficiency of the Bureau of Corrections in processing papers of inmates and its effectiveness in providing restorative justice programs.Democratic Deficits in the Philippines: What is to be Done? The coverage of the Probation Law could be expanded to include sentences of prision mayor medium. limited resources can be used to improve prison conditions and put in place mechanisms for restorative justice in local jails in partnership with LGUs.
women and children.) We support the recommendation of the ADB to provide a regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System. and sector issues. d. and victims of human rights violations. These organizations address issues that are of public interest affecting communities or groups such as environment issues.35 With the enactment of the Free Legal Assistance Act in 2010.000 lawyers and has chapters in various parts of the country. b. Some alternative law organizations have internship programs for law student volunteers.37 41 . peasants. Senior students of the College of Law dispense legal advice. draft legal documents. While the elected barangay officials who serve as its members may be trained but the turnover on every election affects continuity. workers. and represent litigants in legal proceedings.Democratic Deficits in the Philippines: What is to be Done? Rights mandated by the Constitution of the Republic of the Philippines to extend legal assistance to the underprivileged whose rights have been violated or need protection (Section 18. The Integrated Bar of the Philippines (IBP) which is composed of about 40. The IBP receives funding from the judiciary and each IBP chapter has a legal aid office for indigent litigants. research and advocacy for the defense and empowerment of disadvantaged sectors such as the urban poor. 1987 Constitution). human rights. c. We support the improvement and expansion of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts which are effective in decongesting court dockets and assisting poor litigants in resolving their cases. This can be implemented in the short-term. (See Annex F for complete text of the Free Legal Assistance Act of 2010. Law schools that provide legal assistance to poor litigants such as the University of the Philippines College of Law which maintains the Office of Legal Aid catering to indigent clients. Article XIII. Alternative law organizations which are non-government organizations that provide legal assistance. we hope that lawyers will indeed be encouraged to provide pro bono services to poor clients. The coverage of ADR may also be expanded to include other types of cases that have not yet been included that do not involve physical violence. indigenous peoples. prisoners.36 The possibility of including respected members or elders from the community in the peace council should be studied.
common to these traditional practices is the participation of the community members in settling disputes. In the initial implementation of the program. 2004 to November 11. This was also aimed at decongesting the heavy caseloads of the designated Family Courts in Metro Manila. Within the same period. or around 35 per cent of the total number of cases heard.40 The program has achieved the following as reported by Chief Justice Reynato Puno in his retirement speech: …to help the poor involved in criminal cases. While the justice system among the indigenous peoples varies in approaches and methodologies. Azcuna noted that: As part of the pilot implementation of the Justice on Wheels Project. This strategy was intended to help decongest the various youth reception and detention centers within the Metro Manila area. the Mobile Court was initially assigned to hear cases involving juveniles in conflict with the law.Democratic Deficits in the Philippines: What is to be Done? We support the recommendation to assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system which may be carried out in the mediumterm: The Indigenous Peoples‘ Rights Act (RA 8371) gives due recognition to the indigenous peoples‘ justice system and the use of their own traditional methodologies and practices for conflict resolution.38 We support the expansion of the ―Justice on Wheels‖ program of the Supreme Court which aims to ―address the problem of jail congestion through the disposition of cases involving inmates. These traditional forms of justice should be reconciled with the national legal systems and internationally recognized human rights processes and with the penal code. to expedite the trial of criminal cases in 42 . …in its 66 days of operation within the period December 20. These are mobile courts that go to the different jails in our country. in fair or foul weather. The main purpose was to hear cases involving juveniles who wanted to plead guilty. There is therefore a need to provide clear parameters on how these may be integrated and made compatible with the current legal system of government. or who wanted to be diverted or released on recognizance. juvenile detention facilities and jails in eight municipalities and cities in Metro Manila. the Justice on Wheels was able to hear a total of 1. we re-launched the Enhanced Justice on Wheels Program. then Associate Justice Adolfo S. including minors‖39 which may be carried out in the long-term. the Justice on Wheels was able to visit several youth reception centers.126 cases and secure the release of 391 detainees. 2005. More importantly. which were holding up to five times their designed capacities. the Mobile Court prioritized the hearing of cases of those who have been in detention for more than the maximum penalty for their particular cases.
and the Supreme Court. as a whole. perform the role of the Commission on Appointments such that ―Members of the confirming body would not be the privilege of a few but the prerogative of all senators…Giving the power to the Senate could assuage the discontent of many with the performance of the JBC.270 of them. intellectual property courts. However. and the delivery of free lectures to some 15.056 detainees.. former Chief Justice Artemio Panganiban suggested that the JBC members should be evenly appointed by the various government institutions—―the Supreme Court should appoint the three regular members while the President will appoint the private sector representative.545 inmates. Thus the President will have two representatives. judicial competence can only be ensured through continuing judicial education main performed by the Philippine Judicial Academy (PhilJA). Congress will have two.006 of their cases. to have single terms for regular members of the Judicial and Bar Council (JBC) in order to reduce political manipulation.‖44 On the other hand. two differing proposals are worth considering and studying. On one hand. We support the proposal of the Supreme Court Appointments Watch (SCAW).e.42 In such as context. and others). four. Constitutional expert and Jesuit priest Joaquin Bernas proposed that the Senate.‖45 We support calls to implement the constitutional mandate for fiscal autonomy of the Philippine judiciary immediately: The implementation of the constitutional mandate for judicial fiscal autonomy must also be pursued. a civil society watchdog.Democratic Deficits in the Philippines: What is to be Done? which the accused are too poor to post bail for their liberty.43 To further shield the JBC from political manipulation. as commercial courts. the giving of free medical and dental assistance to 9. family courts. the successful mediation of some 5. Need for judicial independence and fiscal autonomy We support recommendations to shield the Judicial and Bar Council from political manipulation which may be implemented in the medium-term. the giving of free legal aid to 2. without any increase in its human and financial resources since 1996. No sufficient and lawful justification can be made for the 43 . This enhanced Justice on Wheels has resulted in the following: the release of 3. This may be carried out in the long-term. the institutional capacity of the PhilJA remains a foremost concern in sustaining current efforts at judicial education because it taken on several assignments in addition to its mandated function.000 barangay officials and indigenous people on laws affecting them…41 Need for sustained judicial competence There is a need to rationalize the designation of certain courts as specialized tribunals because numerous courts have already been designated as such (i.
47 The crisis that besieged the Supreme Court in 2002 to 2003 in relation to the Judicial Development Fund.49 Need to evaluate the power of judicial review We support the recommendation of the ADB to conduct a comprehensive study of the implications of the power of judicial review. For the president to persist in doing so is tantamount to usurping a power constitutionally vested in the Judiciary. especially economic laws.50 Recent judicial decisions and actions have also been widely criticized for creating a climate of unpredictability and uncertainty in the policy environment and commercial transactions.46 Need for judicial transparency and accountability There are several recommendations addressing judicial transparency and accountability that may be implemented immediately. At the same time. This may include appropriate training for legislative staff members of Congress in drafting economic legislation and upgrading the capability of the Office of the Solicitor General in defending major policies and programs of the Government.48 Judicial reform projects should be conducted through a participatory approach. Among the benefits of having a more participative approach are the early buy-in of stakeholders. The Supreme Court has been active in disciplining judges but many cases of bribery and other illegal activities still go unreported because of fears of possible retribution. without having to worry about repercussions. Allowing anonymous complaints to encourage victims of judicial corruption must be considered.Democratic Deficits in the Philippines: What is to be Done? president‘s insistence on retaining control over the Judiciary‘s fiscal affairs and budgetary resources. while at the same time filtering complaints intended only to harass judges and justices. has shown some lessons to be learned about accounting and record-keeping systems that should be put in place in order to pass scrutiny by external entities. which put the legislature and the judiciary on a collision course. the policy formulation capability of Congress must be strengthened and the ability of the Government to defend its economic agenda must be enhanced. and enhanced capacity and skills of stakeholders. While intended to minimize the possible adverse effects of one party‘s 44 . Reporting mechanisms and processes may be designed to encourage lawyers and litigants to report erring judges and justices. the liberal issuance by the courts of temporary restraining orders and other injunctive relief measures drew the most attention. Among these. This may be done in the short-term: There is need for a comprehensive study of the implications of the power of judicial review on the ability of the Government to pursue national development goals in the context of recent Supreme Court rulings affecting national economic policies. improved performance and sustainability of programs.
the abuse in the issuance thereof has destroyed the reliability of contracts and predictability in the enforcement of obligations. A pre-trial conference which is efficiently and effectively administered by the judge should yield to a shorter trial period. 8975) in 2000 that explicitly prohibits trial courts from issuing these orders against national government projects. waiver of objections to admissibility of evidence. which will eventually be helpful in the trial stage. both local and foreign. simplify and render more inexpensive the disposition of cases.52 Need to act on undue delays and large backlogs in the handling of cases This can be addressed in the short-term by adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial: This will require that a case management support tool be provided to judges in lower courts in order to manage their caseloads and the programming of trial hearings on the basis of continuous trials. Even government projects and programs are not spared from the pernicious effects of unrestrained issuance of temporary restraining orders. the pre-trial conference is used to consider plea bargaining. The review should consider the following improvements: 45 . It is recommended that the Supreme Court adopt mechanisms for the monitoring of the implementation of pre-trial and the imposition of sanctions for noncompliance. It is also recommended that extensive practical training on procedures and case management tools within the context of continuous trials and the use of pre-trial be conducted by the Philippine Judicial Academy (PHILJA) together with an accompanying video presentation that should be produced as a teaching tool. stipulation of facts.Democratic Deficits in the Philippines: What is to be Done? action on another‘s pending resolution of the legal controversy between them. marking for identification of evidence of the parties.51 Projects were delayed or altogether scrapped because of injunctive writs issued by trial courts. despite the passage of a law (Republic Act No. if not altogether avert the need for trial through alternative modes of settlement that may be reached by the parties during the pre-trial period. This may be undertaken immediately by the judiciary: The review and amendment of the Rules of Court is necessary to further speed up.53 We support the recommendation to review and improve the rules of court. and such matters that will promote fair and expeditious trial of the criminal and civil aspects of the case. The pre-trial conference provides for extensive use of discovery modes. In criminal cases. This has discouraged many investors. from partnering with the Government in development projects.
k) Carving out more exemptions from the filing of bonds. Rules of Criminal Procedure). c) Setting of fixed amounts of time for the presentation of evidence and cross examinations. on warrantless arrest. and electronic delivery of summons. so that warrant of arrest may be issued immediately for the detention of prime suspects of heinous crimes. Rule 117. e) Implementing electronic payment of legal fees. d) Deputizing barangay officials to act as process servers because the cause of delay in preliminary investigation is the lack of adequate process servers. Rule 113. which requires personal knowledge of facts on the part of the peace officers or private persons that the person to be arrested has committed the offense. orders and notices. f) Adopting teleconferencing as substitute to personal appearances of accused and witnesses. i) Amending Section 5(b). using of affidavits in lieu of direct testimony of witnesses. g) Authorizing law enforcement agents to file cases directly with the Metropolitan Trial Courts and/or Municipal Trial Courts in chartered cities. j) Finding probable cause by the prosecutors to be binding on the courts for purposes of proceeding with trial. l) Relaxing the Constitutional requirements for a judge to repeat all facts of a case in a decision. there are eight grounds for motion to quash – Section 3. to shorten the time necessary to pen decisions. m) Shortening the filing period for several pleadings and abbreviating court processes by reducing direct testimonies. prohibiting postponements. h) Reducing the grounds for motion to quash (presently. 46 . inasmuch as it is very seldom that the peace officer is present during the commission of the crime which is the only instance when he could be considered to have personal knowledge thereof.Democratic Deficits in the Philippines: What is to be Done? a) Limiting the period within which Judges of Municipal Trial Courts have to terminate the preliminary investigation of criminal cases. electronic case filing. and submitting draft orders and resolutions. b) Returning to decisions by the Supreme Court en banc in order to avoid conflicting decisions on same issue.
These recommendations also include: (1) Reassigning jurisdiction on Sandiganbayan to the lower courts less complex corruption cases from (2) Reorganizing the distribution of case assignments in the Sandiganbayan by allowing individual justices to handle specific cases and selectively assigning cases to divisions and to the En Banc55 We support the recommendation to remove duplication and overlap and clearly define the operational delineation among pre-trial system. and overall coherence of the court system has moreover been recommended. case congestion and delay. Relatedly. and establishing time standards for case types. identifying appropriate criteria to be used in the determination of time standards for specific types of cases. 47 . Within the context of established jurisdictional delineations and operational processes. although the experience of the pilot court annexed mediation units indicated that while case settlement rates are high. an attempt to arrive at an amicable settlement could be made.54 We support the recommendation to review the jurisdictional structure of the courts. during pre-trial. judge capacity. the strengthening of the Barangay Justice System and full implementation of the court-annexed mediation system must be undertaken as necessary measures for case decongestion and early dispute resolution. o) Reviewing the time standards provided in the rules of court and speedy trial act. and p) Reviewing procedures for the litigation process for specific types of cases. referral rates of cases by judges are very low. An assessment of the effects of the current court jurisdictional structure on geographical access. In view of this similarity of purpose and objective. a mandatory court-annexed mediation is being implemented in the lower courts and in the Court of Appeals. This may be done in the short-term: Judges argue that cases that have passed through the Barangay Justice System do not require pre-trial. This may be undertaken immediately: Prior studies provide recommendations on improving court jurisdictional structures in specific areas based on assessments of specific issues in these areas. Similarly. there is a need to study these discrete systems and clearly define their jurisdictions and operational delineation so that they can meaningfully contribute to case decongestion and delay reduction. barangay justice system and the court-annexed mediation system.Democratic Deficits in the Philippines: What is to be Done? n) Looking into the problems of language in court proceedings by studying the use of local dialects instead of English.
57 Need to address challenges in the Shari‟a Courts An effective Shari‘a justice system is one that has the trust and confidence of the Muslim Filipinos. entitled ―Institutional Strengthening of the Shari‘a Justice System‖ are should be undertaken in the long-term based on the guiding principles of rule of law. and one that they will use as the only forum for resolving justiciable conflicts. equal protection and gender equality. etc). and can address the overarching goal of facilitating the realization of peace and development in Mindanao.Democratic Deficits in the Philippines: What is to be Done? Mechanisms at the barangay level must be installed in order to protect poor and vulnerable parties from the abuse of more politically and economically powerful opponents to the case. other sociological studies and comparative studies) (2) Design and implementation of public awareness and education program (on the Islamic justice. The following proposed reforms contained in a study by CPRM Consultants. Inc.58 Need to create an environment based on the rule of law This will involve a set of coordinated initiatives towards creating a societal environment that is based on a unified rule of law and will include the following: (1) Baseline Surveys (demography.56 We support the proposal to promote the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector. rationalization of ADR procedures. and implantation of campaigns to make ADR the preferred mode of dispute resolution among litigants. including public assistance/referral programs and networks (3) Strengthening of the Shari‘a Legal Framework (comprehensive studies on customary laws. other studies on improving jurisprudence) 48 . and others— mean less cases that will be brought to the courts on appeal or petition for review. This may be implemented within the shortterm: …the use of ADR systems by government agencies legally tasked to do so should be enhanced and maximized. customary laws and dispute resolution practices. feasibility studies on integration and codification. Assistance that may be provided includes training of mediators and arbitrators. integration. preparation of an integrated Muslim Code. and human rights. culture. Reform should be driven by rule of law that is based on a unified set of laws. Intellectual Property Office. National Labor Relations Commission. More cases that are settled at the level of these agencies—such as the Department of Agrarian Reform Adjudication Board. on access to and procedures of the Shari‘a courts. awareness. on legal services. rather than one that is driven by diverse customs and traditions. on women‘s rights.
The Supreme Court must specify what cases are to be brought before the BJS and the AAC.‖ Moreover. judges and court personnel (4) Institution of Bar Reforms on Shari‘a We also support the following recommendations related to the qualification and training of Shari‘a lawyers and judges:60 (1) It is recommended that there should be a policy for those who are allowed to take the special bar examinations should at least be a degree holder in law whether English or Islamic. (2) Establishment of cross-country scholarship programs for Shari‘a lawyers and judges (3) Strengthening of the PhilJA training program for Shari‘a lawyers.59 Strengthening of the Shari‘a legal education system This will involve an overall strengthening of the Shari‘a Legal Education System both academic and continuing education and will include the following: (1) Establishment of an Islamic Justice Institute to serve as research and academic institution for the formal education leading to law degrees in Islamic justice. But the other is to simply remove the duplication and streamline the system.Democratic Deficits in the Philippines: What is to be Done? (4) There is a need to resolve the duplication of functions between the Barangay Justice System and the Agama Arbitration Council which adds to the confusion and inefficiency of the Shari‘a justice system There are two options in addressing this issue. The opportunities to get such a degree are limited by their duties in court as well as the availability of such a course offering here and abroad. The Supreme Court should look into this issue and define the term ―learned in Islamic law and jurisprudence. Either maximize the use of the Barangay Justice System in Muslim areas or adopt the Agama Arbitration Council (AAC) in case of conflict with that of the Barangay Justice System. 49 . One is to delineate functions. Delineation would only maintain user confusion. qualifications of all Shari‘a judges should be clearly defined. The local government units should also be informed regarding the Shari‘a court procedures vis-à-vis the BJS. Only one must exist. (2) One added qualification that is needed for a Muslim lawyer or a lawyer admitted to the Bar to be appointed to a judgeship is to be learned in Islamic law and jurisprudence. The institute should be funded by the national government.
(7) Also gender bias in appointments should be addressed by policy. (5) There must be continuous training by PHILJA to Shari‘a judges and court personnel. Since there is a lack of Shari‘a lawyers in areas where there are Shari‘a courts. There are qualified women applicants to the position and the JBC should at least nominate them to the President for appointment. (4) A person who passed the Shari‘a Special Bar Examinations should also be civil service eligible just like lawyers who passed the bar examinations. Appointments to the Shari‘a District and Circuit Courts have been mainly given to male judges. A legislation to amend RA 1080 is recommended. Likewise. Streamlining of the institutional framework for Shari‘a justice This will involve improvements in the jurisdictional scope and structure of the Shari‘a court system and its rules and will include the following: (1) Review of the jurisdiction of Shari‘a circuit and district courts (2) Improving the rules of court of Shari‘a courts Strengthening of the Shari‘a justice system‘s capacity and integrity This will involve strengthening the organizational capacity and integrity of the Shari‘a courts and will include the following: 50 .N. Intensive training on computer operations must also be made. Shari‘a judges would rather be transferred to RTC courts and Shari‘a circuit court judges cannot be promoted to Shari‘a district courts because they have to be members of the Philippine Bar.Democratic Deficits in the Philippines: What is to be Done? (3) While lack of qualified Shari‘a lawyers is pervasive. the Philippine Judicial Academy should provide adequate and appropriate training for Shari‘a lawyers. intensive training in English must be given. the Philippine Shari‘a Institute would be reactivated to provide training on Islamic law and jurisprudence. Convention on the Elimination on All Forms of Discrimination Against Women. Initially. The Philippine Judicial Academy should provide adequate legal materials for them. The continuing judicial education of Shari‘a judges is plagued with the problem of dearth in legal materials in Islamic law and jurisprudence. This is in accordance with the fundamental equality before the law principle of the Constitution as well as fulfilling our international commitment with the U. (6) The issue of limited opportunity for judges to be promoted should be looked at since career progression is mainly vertical. a compilation of Supreme Court decisions specially for Shari‘a cases and distribute it to all Shari‘a courts.
62 We support the recommendations of the ADB on justice system support improvements consisting of the following which may be carried out in the long-term: Improving institutional capability requires supporting improvements to the justice sector‘s information and case management systems and the procurement and maintenance of equipment. There should be a follow-through of the implementation of the Court Management Information System (CMIS). Information systems are essential to provide timely and accurate assessments of performance regarding service to the public. appropriate data standards. Efficient case management not only helps track individual cases. Laws pertaining to a particular sphere of human activity or relations can be reviewed toward the repeal or amendment of outdated provisions and laws and their systematic codification to facilitate their efficient application by the courts in appropriate cases. It is particularly important that justice sector agencies be able to communicate through compatible systems between headquarters and field offices and between organizations that need to work together.61 It is also an opportune time to immediately assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) released in December 2006 as the tool to synchronize justice system reform efforts among the various pillars of the justice system. it improves the efficiency of all the concerned organizations and helps them 51 . The development of an information system for the justice sector will facilitate more effective information sharing. and implementation of reforms. and what business processes should be linked among institutions. Computerized systems need to reflect decisions already made on information that should be collected and shared. and facilities.Democratic Deficits in the Philippines: What is to be Done? (1) Development of Shari‘a Code of Ethics (2) Formulation of a career development program for Shari‘a judges (3) Improving case management capacities and operations (4) Structuring of Shari‘a legal fees and charges Need to carry out other measures for overall justice system reform We support the ADB recommendation on the review and codification of laws in the medium-term: A comprehensive evaluation and inventory of major laws that have been passed by Congress in the past decade to determine whether or not they are being implemented effectively can be pursued. management of work. technology.
can help the judiciary address this situation. Funding for these is available under a Judicial Reform Support Program Loan from the World Bank.Democratic Deficits in the Philippines: What is to be Done? rationalize their priorities and workload distribution. The adoption of transcription technology. Many people working in the justice sector lack the most basic tools needed to perform efficiently. The system will provide a unique case identification mechanism. The implementation of the case management information system must however be undertaken within the context of an integrated criminal justice information system. Inc. However. electronic issuance of summons. which also need to be addressed. While a pilot case management system has been launched for the courts and one is under study by NPS.64 A similar recommendation was made by CPRM Consultants. It will provide functions for e-payment and e-issuance of court orders and notices. The decentralization of financial and administrative management in the courts. to modernize case management technology and information system in the lower courts: Systems functional specifications and user requirements definition have been developed under a project on an enterprise-wide case management information system in the lower courts which was funded by the World Bank PHRD Grant. and in implementing them. files. locate specific cases of interest. comparable and even more pressing needs exist in other justice sector institutions. delay and violation of statutory time limits. and electronic casefiling. and detained parties whose stay in jail have exceeded the maximum penalty prescribed by law for their offenses. approved in 2004 but not yet operational on a nationwide basis. Inadequacies in facilities and equipment also impede efficient performance throughout the justice system. These application systems will require substantial one-time public investments in installing the necessary infrastructure. orders and notices has been planned. Agencies that lack computers and internet access will have obvious difficulties contributing to information and case management systems. Investment in information and case management systems is directly relevant here. A change management program is essential particularly since these will revolutionalize court processes and the way the courts communicate and relate to 52 .63 case management has not been developed for other organizations. teleconferencing. At the analytic level it will allow court administrators and justices to track the performance of judges. Inadequate storage facilities can result in evidence. and other essential information being lost. allow tracking of case location and status. as well as manage courtrooms utilization. in designing the systems. and provide mechanism for detecting forum shopping. The system will likewise provide tools for judges to manage case prioritization and scheduling. and provide information which is useful in monitoring and evaluating institutional performance.
d. Thailand and China on justice on wheels. as follows: a. The PHILJA to explore with the judicial academies of other countries in the region the possibility of adopting common curricula. Dissemination of best practices on court reform and management Promotion of regional and sub-regional exchanges Fostering comparative e-studies Promotion of the use of technology Long-term capacity building There is a need for follow-through in the medium-term of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. thematic training in specific work areas. and public information and advocacy would be essential components of the change management strategy. d. e. b. The PMO66 to document the judicial reform projects like Justice on Wheels. User training.65 There is also a need to immediately follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21): a. c. The PMO be directed to consider possible assistance to Timor Leste on judicial reforms. The Court E-Library be required to set up links with the E-Libraries of the Supreme Courts of other countries. PIO. MISO. Code of Judicial Conduct. c. Learning from the experience of the Federal Court of Australia. 53 . The Court to require OCA to submit a report on the backlog of trial courts as discussed above for submission to the Forum on or before the end of May 2006. technology competency training. 2006. Sydney. The Court to require MISO to study the set up of the Technology of Registry of the Federal Court of Australia. ADR. h. ELearning. at The Westin Sydney. setting up of PMO. e. b. 1 Martin Place. Australia. the Court may consider appointing a full time Building Administrator for each Hall of Justice or cluster of Halls of Justice. and the like for submission to the Forum for the Handbook on Judicial Reform on or before the end of July 2006. and Moscow on ICT in the courts as requested by the members of the Forum. The Court may consider setting up a Video Conference Facility in the National Bureau of Penitentiary in taking the testimonies of convicts. f.Democratic Deficits in the Philippines: What is to be Done? court users. E-Library. g. No.
o Justice reform should always take cognizance of access to justice by the poor whose only recourse is the government. o Justice reform requires inspired leadership by the Chief Justice in order to followthrough the various reform measures in the long-term. improve access and efficiency. and strengthen its independence Reengineer the institutional framework of the corrections system. o Justice reform should cover the various aspects of governance—a consistent legal framework. sustainability and flexibility. devolve delivery while maintaining strong oversight. competitive compensation for human resources. Enhance rationalized and coordinated law enforcement o Decriminalize certain offenses under the Revised Penal Code and special laws and codify criminal law o Design and adopt an integrated criminal justice information system and develop crime classification and crime indicators o Adopt a holistic approach to the improvement of the crime investigation system of the police o Remove duplication. proliferation and fragmentation of law enforcement functions. resource generation and management. overlapping. reintegrate police functions. and even the larger society. international aid agencies and the international community. including agencies in the executive and legislative branches of government. IBP and alternative law organizations to coordinate the various legal aid providers in the country 54 . and amend the Probation Law to expand its coverage Popularize the laws of the land towards better community capacity to demand justice remedies and improve community contribution in providing justice remedies Provide greater access to justice by the poor and disadvantaged through the following: o Formation of a joint committee of the Supreme Court. the executive branch. a disciplinary regime.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?” The following principles should underlie overall justice reform: o Justice reform should be participatory involving the entire justice sector. and remove institutionalized politicization of the police Strengthen the prosecution agencies and reengineer the public defense system o Establish the independence of crime investigation and prosecution agencies together with a meaningful operationalization of judicial autonomy o Undertake detailed review and reengineering of the entire public defense system to improve its capacity to provide services.
promoting the use of Alternative Dispute Resolution mechanisms in various agencies in the justice sector Address the various challenges in the Shari‘a Courts by: creating a societal environment that is based on a unified rule of law. formulating a career development program for Shari‘a judges. and structuring of Shari‘a legal fees and charges Carry out other measures for overall justice system reform: o Comprehensive review and codification of laws 55 . including minors Improve continuing judicial education to enhance judicial competence Study various options to enhance judicial independence and fiscal autonomy Design complaints mechanisms and enhance record-keeping systems for improved judicial transparency and accountability Conduct a comprehensive study of the implications of the power of judicial review Act on undue delays in the conduct of trials and large backlogs in the handling of cases by: adopting mechanisms for enforcing strict compliance to mandatory continuous trial and pre-trial. reviewing the jurisdictional structure of the courts. removing duplication and overlap and clearly defining the operational delineation among pre-trial system. improving the jurisdictional scope and structure of the Shari‘a court system and its rules. improving the system for ensuring the qualification and training of Shari‘a lawyers and judges. developing a Shari‘a Code of Ethics. strengthening the Shari‘a Legal Education System (both academic and continuing education). barangay justice system and the courtannexed mediation system. reviewing and improving the rules of court. improving case management capacities and operations. coverage may be expanded to include other types of cases that have not yet been included that do not involve physical violence o Assess possibilities for mainstreaming customary modes of adjudication in the criminal justice system o Expand the ―Justice on Wheels‖ program of the Supreme Court to address the problem of jail congestion through the disposition of cases involving inmates.Democratic Deficits in the Philippines: What is to be Done? o Provide regular training for the members of the Lupong Tagapamayapa or peace council and strengthen the coordination between the Department of Interior and Local Government and the Department of Justice in order to enhance the Barangay Justice System with the possibility of including respected members or elders from the community in the peace council o Improve services of Court Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) as components of Alternative Dispute Resolution (ADR) mechanisms being pursued by the Supreme Court in the lower courts.
Corruption This section shall focus on corruption and inefficiency in the government bureaucracy as it cuts across the various functional areas of governance. it is the government in the long-run that is the main player in combating corruption. (Table 2 and Table 3) Table 2 Dimensions of the Philippine Civil Service (as of 2004) Career Executive (National) Executive (Local) Legislative Judiciary Constitutional Total 2004Source: Civil Service Commission  Non-career 50185 104028 3521 1197 602 159533 Total 1016345 408979 5838 26931 17606 1475699 966160 304951 2317 25734 17004 1316166 56 .Democratic Deficits in the Philippines: What is to be Done? o Assess and evaluate the Medium-Term Development Plan for the Criminal Justice System (2007-2010) o Follow-through of the implementation of the Court Management Information System (CMIS) o Follow-through on the objectives of the Judicial Reform Network in the 21st Century (JRN21) o Follow-through of the recommendations made in the Asia Pacific Judicial Reform (APJR) Forum 1st Round Table Discussion (RTD) held on March 16 – 17. Among the government agencies. the Department of Education is the top employer. 2006 held in Australia D. While corruption occurs in government.67 The Philippine Government Bureaucracy The Philippine government is the largest employer in the country with 96 percent of employees working in the executive branch (based on the latest available inventory).
the total national government outstanding debt has reached PhP5. Tax evasion. 2.063 trillion.Democratic Deficits in the Philippines: What is to be Done? Table 3 Top Employers by Sector (as of 2004) Sector Education Interior and Local Government State Universities/colleges Public Works and Highways Judiciary Health Autonomous Region of Muslim Mindanao Source: CSC  Number of Personnel 500. for providing other services and for raising salaries of state workers. 4. Nepotism and favoritism. 57 . It has been estimated that ―the Philippines is losing tens of billions of pesos every year to corruption— an amount that could have been spent for building schools and hospitals. 3. (b) shattered political credibility and demoralized bureaucracy.‖68 Some of the most profound consequences of corruption and inefficiency include the following: (a) social dislocation caused by distorted economic growth.913 27.270 26. and (c) endangered public order and safety.480 Corruption and Inefficiency as a Phenomenon With such a large bureaucracy. poverty and income inequality.292 59.951 149. Sub-contracting. the World Bank estimated that corruption was costing the Philippines government US$47 million every year which when translated to a 20-year period up to 1997 means a massive US$48 billion. corruption appears to be an imminent problem. corruption is usually committed or exists through:72 1.730 25.70 Way back in the year 2000.931 26. Ghost projects and payrolls.69 It is widely perceived that corruption and inefficiency only serve to aggravate the country‘s debt burden. 5. Latest estimates show that as of January 2010. Evasion of public bidding in public contracts.71 According to the Philippine Center on Transnational Crimes.
‖76 Time and again. Pimentel. in Pilipino). has accused President Gloria Macapagal-Arroyo of practicing the selective release of lump sum funds and PDAF such that only those close to Malacañang gain access to PDAF funds.. A study released in 2008 tracked anti-corruption initiatives and strategic focus as perceived and experienced by four government agencies in Region XI (Southern Mindanao). and restrains discretion. including monitoring of decisions and actions. in Pilipino). Moreover. helps counter these tendencies. and 7. Establishing clear accountabilities of decision makers.‖ Boncodin. Campos explains: …does the (expected) benefit of engaging in a corrupt transaction exceed the (expected) cost of doing so? Hence. one needs to shrink the potential benefits and amplify the potential costs of a corrupt act. the less the potential for illegitimate manipulation of the variables. who resigned as Budget Secretary along with nine other Cabinet-ranked officials in 2005 in protest of the Arroyo administration‘s leadership style. the greater the transparency. 73 The so-called ―pork barrel system‖ technically known as Priority Development Assistance Fund (PDAF)74 has particularly been known to be a major source of corruption. De facto monopoly over a decision gives the decision maker ample room to extract bribes from those who might be affected by the decision and for the latter to easily focus on a single target to corrupt. Extortion or giving of protection money (tong. with each congressman supposedly getting P70 million per year and each senator getting P200 million annually. Wide discretion of decision makers generates similar opportunities.e. The following heuristic formula (again due to Klitgaard) is a useful guide for applying the theory to identify and address corruption vulnerabilities: corruption = monopoly power + discretion – accountability where each variable is a function of the degree of transparency. According to former Budget Secretary Emilia Boncodin. weakens monopoly power. has criticized President Arroyo for ―her selective releases of pork barrel funds which totals about P7 billion. The above ―avenues‖ of corruption demonstrate that corruption is a product of incentives.77 The study showed that: 58 .75 The minority bloc in the Philippine Senate led by Senate Minority Leader Aquilino Q. Jr. increasing transparency of all aspects of the decisionmaking process strengthens accountability. Bribery (lagay.Democratic Deficits in the Philippines: What is to be Done? 6. i. similar fund mechanisms are adopted by other countries as an effective tool to cover contingencies and provides flexibility in operations but the case of the Philippines is such that it ―suffers from general lack of transparency and abuse of discretion. there have been accusations from various sectors that some legislators have profited financially from the ―pork barrel system‖ supposedly through commissions or cuts from contractors or suppliers. to reduce the risk and incidence of corruption.
emphasis were focused on procurement audit and financial reforms. ranked highly important were judicial independence and enforcement of visible grand corruption cases. the Philippines ranked 139th to the bottom with a score of 2. empirical surveys and scorecard. In the 2009 CPI. multilateral and development funding agencies contributing 25 programs and initiatives. followed by civil society organizations with 67 programs and initiatives. Country comparisons in terms of corruption do not augur well for the Philippines considering that such comparisons influence investment decisions which are vital to economic growth. Directory of Institutions. TI-Philippines (2001). Also high expectations were placed upon civil society participation. (Table 4) International Perceptions of Corruption in the Philippines Despite the prevalence of such programs.78 The same study cited the inventory of initiatives on good governance and anti-corruption in the Philippines documented by Transparency International (TI) in 1991 as follows: Table 4 Number of Programs on Good Governance and Anti-Corruption Players Number of Programs Philippine Government 103 Civil Society 67 Multilateral and Development Funding 25 Agencies Business and Labor 12 TOTAL 207 Source: Hills Governance Center. the Philippines has consistently ranked low in the Corruption Perception Index (CPI) released annually by Transparency International. Tax simplification and fiscal discipline were also deemed highly important. budgetary control and treasury development.4.Democratic Deficits in the Philippines: What is to be Done? …the government remains to be the main player in combating graft and corruption in the country. Organizations & Agencies Involved in Combating Corruption in the Philippines. Programs and initiatives on good governance and anti-corruption totaled 207 with the government contributing 103 anti-corruption initiatives. while in terms of financial controls. The customs service was identified on top of the highly important institutional reforms and high importance was placed on transparency and a review on pay and incentives. alongside Pakistan and 59 . community involvement. including corporate responsibility. while business and labor contributing 12 programs. In legal reforms. Political leadership and political will of leadership play crucial roles in combating corruption.
registering the highest percentage points in Southeast Asia and the second highest in Asia. the Philippines lagged behind Singapore. Indonesia ranked 111th with 2.82 TI chairman Huguette Labelle underscores the importance of curbing corruption by strengthening the institutions of low-ranked countries: ―At a time when massive stimulus packages. The survey also reveals that respondents from the Philippines do not file formal complaints against requests for bribes because of the following reasons (Table 5):84 Table 5 Reasons for not filing formal complaints against requests for bribes (Respondents from the Philippines) 2009 Global Corruption Barometer Reason Percentage of Respondents they did not know how to do it 21% it would have taken too much time 59% it would not have helped at all 36% Source: Transparency International In the 2010 annual survey of the Political and Economic Risk Consultancy (PERC) where it polled 2.174 respondents.2). Vietnam ranked 120th with 2. it is essential to identify where corruption blocks good governance and accountability. the Philippines—with a score of 8. where institutions still need strengthening. and where governments have not implemented anticorruption legal frameworks… With the vast majority of countries in the 2009 index scoring below 5.5.‖83 TI also released its 2009 Global Corruption Barometer in June 2009 (which is on its 6th edition). the corruption challenge is undeniable. Malaysia ranked 56th with 4.2. the same as the 2008 CPI.0) and Myanmar (1.3 in the 2008 CPI. The Philippines ranked better than three of its Southeast Asian neighbors—Timor-Leste (2. which ranked third in the 2009 CPI with a score of 9.81 According to Transparency International: Overall results in the 2009 index are of great concern because corruption continues to lurk where opacity rules.8.06—fell two rungs down compared to the previous 60 .80 (See Annex G for Corruptions Perception Index Table for 2009 and Annex H for CPI 2009 Methodology. in order to break its corrosive cycle.5. 77 percent of Filipinos deem their government‘s efforts ineffective in the fight against corruption.4. Cambodia (2. expatriate business executives doing business in the Asia-Pacific region. Thailand ranked 84th with 3.Democratic Deficits in the Philippines: What is to be Done? Bangladesh.7.) However.4)--and mildly improved from 141st with a score of 2.79 The 2009 CPI includes 180 countries. Brunei ranked 39th with 5. fast-track disbursements of public funds and attempts to secure peace are being implemented around the world. According to the survey.
property rights and labor. United States 3. The other eight criteria relate to freedom in business. Australia 2. Macau 4. South Korea 5. The economies that were perceived least corrupt are Singapore (score 1. and Thailand.47 10. Malaysia (score 6. which is directly above the Philippines and therefore fifth most corrupt.27).5 points. Japan (score 3. trade. India 7. the United States (score 3.28 3. Philippines 8. On a scale of zero to 10.Democratic Deficits in the Philippines: What is to be Done? year and became the fourth most corrupt economy.18). fiscal.88 61 . way below the global average of 40. (score 7.42 5. China (score 6. No. Japan 3. Indonesia 9.42).47).28).10 16.67. Cambodia 9. China 6.42 2. the Philippines has the worst score in ―freedom from corruption‖ at 23 points. Ranked worse than the Philippines in the opinion of the expatriate respondents are Vietnam (score: 8.8 in 2009 to 56.06 14.98).27 Source: Political and Economic Risk Consultancy (PERC) Note: The opinions about corruption indicators in 16 Asia-Pacific economies were gathered.10) and Indonesia (score 9. Australia (score 2.18 12.07 15.86 The issue of corruption in the Philippines is a glaring factor that pulled down the ranking of the country in The Heritage Foundation‘s 2010 Economic Freedom Index87 from a score of 56. Macau (score 4. zero is the best possible score which means that the respondents saw that particular economy as having the lowest level of corruption among politicians and civil servants. Vietnam 8. The decline has been attributed to ―small reductions in monetary freedom and freedom from corruption‖ which are two of the ten criteria used in the ranking.49). South Korea (score 5.07).96 7. investment.67 4. based on which each of the 16 economies was graded. financial. Taiwan 6. Singapore 1.28). Hong Kong.52 11.28 9. Hong Kong 2.98 8. Of the ten criteria.60).3 in 2010.6 13. government spending. Taiwan (score 6.96).49 6. 2. Cambodia (score 9. India (score 7. Malaysia 6. Thailand 7.85 (Table 6) Table 6 Political and Economic Risk Consultancy 2010 Annual Survey Economy Score 1.42. 1 on the PERC list).52).
6. Commission on Elections (Comelec). Department of Environment and Natural Resources (DENR). 9. Department of Justice (DOJ). Armed Forces of the Philippines (AFP). Managers consider private sector corruption to be less than public corruption. three-fourths support passage of a strong law on right to information. and Office of the President. 2. it was notably down in Commission on Audit (COA). Department of Transportation and Communication (DOTC). Sincerity in fighting corruption varies across agencies. 3. Majority of managers find transparency in local government procedures. but still a high 60%. the trend is flat. However. the Philippines consistently placed within the range of ―mostly unfree‖ economies. half of managers see improvement in transparency in bidding for a government contract. The farther from the local level. Third priority is "promoting a 62 . Managers reporting honest business practices in their sector remain few. On government efforts to fight corruption. On the other hand. and Presidential Commission on Good Government (PCGG). In voting for President. 8.7. Department of Budget and Management (DBM). At least two-thirds do not use intermediaries in local business permit renewals. "fighting corruption" and "creating jobs" are first and second priorities of both managers and the public. similar to 2005 and 2006 after a slump in 2007. Two-fifths of managers sense improvement in public access to information. The proportion of enterprises solicited for a bribe was below the 2008 peak. Managers consider public sector corruption to be high and stagnant. 7. 10. 5. Since the index was launched in 1995. Presidential Anti-Graft and Corruption (PAGC). Willingness of enterprises to fund an anti-corruption program is back to 5% of net income. Department of Finance (DOF). 4. Government Service Insurance System (GSIS).89 Local Perceptions of Corruption in the Philippines The following Highlights of the 2009 SWS Surveys of Enterprises on Corruption reinforce the perception of widespread corruption in the Philippines: 1. It was notably up in trial courts. Hong Kong topped the list with a score of 89. the more that corruption happens.Democratic Deficits in the Philippines: What is to be Done? The Philippines ranked 109th out of 179 countries/economies.
‖ refused to participate in the implementation.58 billion or 38. the anti-corruption strategies adopted during the 1970s and 1980s to minimize the Philippine Customs Service proved to be ineffective and added that many environmental factors predispose the Custom Service to a high incidence of corruption. among others: COA said the biggest ―bungle‖ was the P5.19 billion farm-to-market road project of the DA. According to Parayno. the Bureau of Customs (BoC) is considered as one of the most corrupt. which include the following (Table 7):91 Table 7 Factors that Predispose the Customs Service to Corruption Predisposing Factors to Corruption Abundance of opportunities Irresistible rewards Low-risk endeavours Damaged values system and culture Weak controls and justice system Lack of means and support Insincere and opportunistic media If ―wasteful fund management‖ is a major indicator of inefficiency. 63 .‖92 The DA wasted some P7. Local government units (LGUs).99 percent of the project implemented due to squabbles between the main office and regional offices.Democratic Deficits in the Philippines: What is to be Done? good business environment" for managers. which remained incomplete as of December 31. perhaps wary of another ―fertilizer scam. the Department of Agriculture (DA) would be a prime example in terms of ―bungled project implementation or missing and diverted funds. which further stalled the project. Another bungle was the P1. 11. 2008 with only P1. but "eradicating poverty" for the public. Managers consider the business climate to be better than 2008. Fertilizer suppliers likewise refused to accept ―fertilizer discount coupons‖ or FDCs as form of payment. A newspaper report presents the following details.14 billion in terms of bungled or incomplete projects in a report submitted by the Commission on Audit (COA) to the Office of the President for the year 2008. It has been subjected to large-scale waves of purging since the 1970s.3 billion-fertilizer fund project under the GMA Rice Program.90 Among the national government agencies.
Also. were rendered useless due to inferior construction. 3. the corruptive behavior is not initiated by the dealer nor the procurement official instead. The main reason why corruption is being resorted to is to expedite the processing of documents. IX and XI. Trillanes IV (now Senator) in 2002 had the following findings:94 1. which is supposed to be the watchdog of the government against corruption. The data gathered validated the hypothesis inferred from the theoretical framework that boundary exchange processes between the procurement officials and accredited dealers. All offices involved in the procurement system had corruption incidences. There are several forms of corruption being practiced. 64 . 4. where the consistent response yielded the amount of lagay at 1-2% of the amount of the transaction. tong. the levels of corruption of the different units of the PN varied and are dependent on the corruptive or non-corruptive behavior of their respective Commanders.‖93 A study conducted by LTSG. which work within the milieu of the procurement process. as in the case of the Deputy Commander‘s office and to offices. These are. substitution and under delivery.35 million. The rest were condemned as having ―operational deficiencies. However. the practice had become a routine that both parties readily and mutually agree on the terms. some offices were perceived to be more corrupt than the others. There is a prevailing fixed rate of lagay. Anthonio F. got a 100% response in corruption perception. Mini-dams for irrigation in Regions VIII. However.Democratic Deficits in the Philippines: What is to be Done? Some P2. 6. negotiated canvass. ―ghost delivery‖. The DA also sought to construct 11 Barangay Food Terminals (BFT) worth P1. lagay. built at a cost of P7. Ironically. this is not applicable to offices. which have no discretionary powers.55 million but succeeded in building only one ―operational‖ terminal. overpricing. the COA. 2.2 million was spent on printing the useless FDCs. 5. rigged bidding. There is corruption in the Philippine Navy procurement system. will result to bureaucratic corruption. which are already part of the largesse as in the case of the BAC. this is dependent on the amount of transaction except for the COA. However. However.
especially over the last several years. Many do file complaints against judges and a number of these lead to sanctions. The Coalition against Corruption. the Court dismissed thirteen trial court judges and one Court of Appeals Justice. observers note that the agency falls short of fulfilling its mandate: Critics of the OMB highlight its focus on petty corruption at the expense of larger more senior-level cases.95 With the challenge of corruption facing the Philippine judiciary in the face. show the following findings: It was observed that incentives.96 Factors Breeding Corruption and Inefficiency A study on the civil service focusing on incentive systems in the bureaucracy97. the Supreme Court punished more than a thousand regional trial court judges by dismissing.Democratic Deficits in the Philippines: What is to be Done? The Office of the Ombudsman is the primary anti-corruption agency in the Philippines. described her as a ―liability in the fight to stamp out corruption" given her alleged inactivity as the principal anticorruption agent. That was a pretty large number for three years—about fifty are sanctioned a year—showing the seriousness of the Court. Its long history of inefficiency has also tainted its reputation (there were 14. Independence is further compromised by the fact that the Ombudsman is politically appointed by the president. which includes members such as the Makati Business Club (MBC). suspending. At the same time. particularly the Department of Education. Merceditas Gutierrez. or fining them. The increasing number of ad-hoc bodies. The current head of the OMB is a former law-school classmate of the president‘s husband. From 1986 to 2005. 65 . suspended sixteen trial court judges and one appellate court justice. …from January 2006 to March 2009. She. these numbers reflected the loose screening process in the judiciary. External and internal distortions now weigh down the 20-year-old government compensation system. the Supreme Court has dealt with the problem to some extent: The push for ethical and clean judges has been a continuing campaign. is now facing calls to resign by locals and CSOs alike. However. and fined more than 100 trial court judges.652 cases awaiting OMB action in 1994 – Freedom House Countries at the Crossroads: Philippines 2007) and analysts were disappointed in 2006 about the body‘s withdrawal of charges against the Commission on Elections for an automation contract in 2004. both monetary and non-monetary have affected the quality of the bureaucracy in the Philippines.
contained. relatively weak. some factors in the Filipino psyche account for the spiritual or moral deficit that fuels corruption and inefficiency in the Philippine government. She tagged as ―calling card‖ secretaries and other designations (presidential advisers. According to media coverage of the forum: On the presidential appointment issue. consultants and assistants) because they have the rank of secretary. 66 .98 In a public forum on ―The Powers of the Presidency: Preventing Misuse and Abuse. political spoils over competence. David said that there is an excess of 81 undersecretaries and assistant secretaries which led to the politicization of the bureaucracy and undermining professionalization. especially at the 3rd level comprising executive and policy/highly technical personnel. David said the present appointment system is warped in that the basis of some current appointments is loyalty above qualifications.‖ She also described as ―monobloc‖ secretaries appointed by Malacañang to various positions because the bureaucracy is bloated they have no official looking chairs but monobloc chairs. The latter. Positive correlations observed between shares of CESO eligible people occupying executive posts in human services agencies and corresponding agency public approval ratings. and appointment as a reward.99 From a socio-cultural and psychological perspective. also provide some evidence that better bureaucracy quality is associated with better agency performance in the Philippines. by definition. which pertains to non-monetary disincentives. have vague [functions with]…Duplicating and even comical titles ―blurring the lines of accountability. What does this imply? If country shortcomings in human development are to be addressed. On the whole. at the very least. This seems to be accompanied by an increased vulnerability to rent seeking. is far more critical in government than in the private sector because the link between money wages and agent performance in government is. trends in the profile of personnel across all levels of the corps indicate a deteriorating quality.‖ the views of former Civil Service Commission Chairman Karina Constantino David on appointments to key positions in government should be noted as a factor that breeds corruption and inefficiency.Democratic Deficits in the Philippines: What is to be Done? presidential consultants/advisers and political appointees is also a source of demoralization. then institutions (incentives) impinging on the civil service and on the performance of the bureaucracy need to be reformed or.
each condominium construction. if not lasting. envious of others and unconstructively critical of one another.100 Filipinos have a sense of joy and humor which serves them well in difficult times but serious problems need serious analysis and humor can be distracting and unconstructive. One analyst even asserts that ―Corruption has corroded our spiritual life to the core…We have ‗normalized‘ corruption and accepted it as part of our daily lives. Corruption‘s hidden costs are just as deadly as its seen costs. Filipinos are flexible. Filipinos are ―person-oriented‖ allowing them to be capable of much caring and concern for others. Other ―combinations‖ of contradicting values include pakikipagkapwa-tao and kanya-kanya. how many feeding programs. Filipinos have also become a people with many contradictions or traits that act as ―double-edged swords‖ which may account for the so-called manifestations of lack of civility. having no sense of shame. effects of colonial policies during the Spanish and United States occupations such as political coercion and cooptation of native leaders into the colonial government service which is referred to in modern times as patronage politics.101 With the interplay of these traits within an environment predisposed to corruption. It is no longer the aberration but the routine. and you can roughly compute how many school buildings. adaptable and creative and this allows them to adjust to any set of circumstances and to make the best of the situation but these also lead them to compromise on the precision and discipline necessary to accomplish many workoriented goals. and the phenomenon of apathy that help breed corruption within the civil service. 67 . Filipinos are ―family-oriented‖ giving them a deep sense of their roots but this can also prevent them from reaching out beyond the family to the larger community and to the nation. or how many scholarships all that money could have supported. The religiosity of the Filipinos as a people is a source of strength and courage but may keep them passive and dependent on forces outside ourselves. how many hospitals. some observers have argued that corruption has become systemic. not to mention the grease money needed to keep the petty bureaucrats happy in the regulatory agencies. the so-called crab mentality.‖102 He illustrates the vicious cycle of corruption: …Corruption goes into the heart of why our democracy doesn‘t work. being ―other-oriented‖ and capable of great empathy and yet at the same time also self-serving. or each franchise—and then multiply that bribe by how many vote were needed at the Sanggunian or in Congress. each business permit. But we cannot count all the bribes entailed for each building permit. that is a loss. Just look at our congressmen‘s and senators‘ pork barrel.Democratic Deficits in the Philippines: What is to be Done? Sociologists and historians have noted the lingering. Surely. and in transactions between the government agencies and the entities in the private sector that deal with the government. also being hardworking and lazy. but this can be taken to the extreme where they can be excessively affected emotionally by interpersonal issues. We can count or at least estimate the billions of taxpayer‘s money that is diverted to private pockets.
public oversight and civil society. such as the Sandiganbayan and the Office of the Ombudsman. Anti-corruption provisions are found in the Constitution and various legislations on anti-graft and corrupt practices with stiffer penalties. it makes sense to focus on making those laws effective through determined implementation or political will.105 which covers six areas: political reforms. it has made campaigns more costly and thus excludes ordinary citizens from the contest or forces them into the waiting arms of political patrons and warlords. it has become—for the mercenary—worth killing and maiming the innocent. Rather our corrupted democracy attracts the mercenary who see public office as merely a rent-seeking post. it has upped the ante in our elections. The stakes are higher and purely pecuniary.103 Leaders in the private sector have acknowledged that corruption is often a conspiracy between entities in the government and the private business sector. (See Annex I for Overview of the Legal Framework for Dealing with Corruption in the Philippines and Annex J for Rules Implementing The Code of Conduct and Ethical Standards for Public Officials and Employees. et. who corrupt public officials and the political system. amending and expanding the prohibited acts of public officers prescribed in the Revised Penal Code.104 An examination of the existing legal framework dealing with graft and inefficiency will show that there are already many laws and other legal instruments and institutions in place. The following recommendations are based on the multi-pronged strategy formulated by Thomas. But it is actually wealthy people outside government. competing for rent-generating privileges and concessions. coupled with complementary efforts by the private sector and civil society.Democratic Deficits in the Philippines: What is to be Done? Because corruption has made public office so lucrative. It is impossible to aim for what Confucian societies call ―rule by virtue. There are laws that have streamlined the functions and strengthened the anti-graft institutions. Worse. civil liberties. The Philippine government has officially recognized and ratified the United Nations Convention against Corruption (UNCAC). it has made elections deadly. institutional reforms. in that the stakes being so high. Publicly. financial controls. 68 .‖ for a kind of public service that beckons forth men and women of character. The truth is business is the main source of political corruption. by raising the stakes. Worst of all. A retired business executive asserts that there is a: …widespread misconception that business is a victim of political corruption. business has successfully laid the blame for corruption at the feet of government officials. fiscal policy. and legal-judicial reforms.) What is to be done? In a developing country like the Philippines with anti-corruption laws already in place. al.
Democratic Deficits in the Philippines: What is to be Done? Political Reforms There is a need to reform campaign finance in the medium-term. At this level. their mandates are narrow. reforms of political processes and systems should be an integral part of the government‘s overall anticorruption program. well-defined. and can easily be subjected to scrutiny and reform. In its issues. the financial requirements to obtain and retain office and placate core constituencies—create dysfunctional incentives that degrade the performance of the public sector as a whole. Institutional Reforms Institutional reforms consist of government reform and civil service measures. Government reform The World Bank‘s recommendation to target selected agencies may be implemented in the long-term:108 Many corrupt behaviors are unique to specific government units and functions. The World Bank has noted that: The dynamics of electoral politics as practiced in the Philippines—particularly. 69 . the World Bank‘s recommendations do not address them for lack of expertise and jurisdiction in this area. Examples of suggested actions in this area are: Selecting priority department and agencies. the wide influence of a family or clan will have the tendency to create a climate conducive to acts of conspiracy that may lead to corruption.107 Indeed.106 Then presidential aspirant JSC de los Reyes of Ang Kapatiran even asserts that ―ending and prohibiting political dynasties as enshrined in the Constitution‖ will help curb corruption. nature. ambiguous legislation and administrative orders can be clarified or rescinded. Although these issues have been acknowledged in the Philippines and demand due consideration. it is easier to make progress in the Philippines since: agencies and departments are relatively small. Nevertheless. issues of corruption in politics are bigger than campaign finance reform and different from petty corruption in procurement and bribery in the civil service. and institutional origins. and business processes can be broken down into discrete components and evaluated. based on the public‘s priority concerns Identifying areas for a few quick wins that would give momentum to further reforms.
Once charges are filed.111 Presidential aspirant Maria Ana Consuelo ―Jamby‖ Madrigal said that: Whistle-blowers and anticorruption watchdogs should be adequately protected. the discretion to allow or disallow certain deductions or exemptions.110 Another presidential aspirant advanced the following plan: Adhering to the constitutional mandate of passing the law on full public disclosure of all government transactions. III said that there is a need to focus on strengthening the Office of the Ombudsman: We will assign people who will focus solely on monitoring these activities. Abolishing laws. it must be ensured that someone will be found guilty and punished. It shouldn‘t be enough that the police arrest suspects. 70 . There should be a strong conviction rate because success breeds success. We will strengthen the Ombudsman. like those in the Bureau of Internal Revenue (BIR). Then presidential aspirant Benigno Simeon Aquino. I will be available 24/7.109 Presidential aspirant Richard Gordon of Bagumbayan volunteered to be highly accessible to the people and to remove his power to appoint the Ombudsman if he became President: We can eliminate corruption when our people can report to a man they can believe in. I will encourage people to text me every day so I will be able to monitor allegations of stealing from the government and right away we can investigate. We don‘t want a 20-percent success rate in our anticorruption cases. rules and regulations that give government personnel. and Making representations before the Supreme Court and Congress to bring about the speedy administration of justice. Abolishing the pork barrel system. Antigraft and corruption measures should focus on the big fish.Democratic Deficits in the Philippines: What is to be Done? We suggest that the various recommendations of presidential aspirants to reform government institutions or to implement existing laws in the medium-term to the long-term be seriously studied. I will remove my power to appoint the Ombudsman and ask that the Constitution be amended to allow people to vote for an Ombudsman in a quick election based on track record.
113 Civil service (pay and incentive reform.as well as clarifying the role of the Civil Service Commission in enforcing the same. Department of Public Works and Highways. Customs. restructuring of agencies. I will mobilize the millions of people in civil society to participate in a massive anticorruption drive. The framework of the current Salary Standardization Law (of 1987) is more than 20 years old and there lessons in the field of human resource management should be integrated in order to better link government compensation to agent contribution. meritocracy. I‘ll set deadlines. All of these programs will not be implemented without the support of civil society. as presented in a study by Monsod:114 Strengthen 3rd party enforcement as regards personnel hiring in order to reduce or check ineligible. The proposed Government Classification and Compensation Act designed by the CSC in 2006 tries to innovate in this regard. especially in the BIR and Customs. Reform of monetary incentives. to end corruption there within 100 days.Democratic Deficits in the Philippines: What is to be Done? Moreover. which is long overdue. Once they‘re appointed. 270 which seek to establish a Career Executive System.112 Presidential aspirant Nicanor Perlas believed in focusing on the government agencies which are the greatest sources of corruption while creating a Cabinet position for civil society affairs: I will appoint a whole new set of people. Provisions to this effect are currently proposed under House Bill No. 71 . This would require clarifying the extent of the Presidential prerogative – identifying which positions are subject to it and which should be based solely on merit and fitness . especially in the BIR. Department of Education and Department of Environment and Natural Resources—the sources of high corruption. Third party enforcement as regards the creation of new agencies – which is currently the jurisdiction of the Department of Budget and Management and Congress – also needs to be clarified and strengthened. 3956 or Senate Bill No. So I will create a Cabinet position on civil society affairs. political appointments. it should include the exposé and punishment of politicians for promoting and upholding free-market and free-trade policies that back up the foreign plunder and underdevelopment of the Philippine economy. transparency) The following general recommendations are proposed to be implemented in the shortterm.
yet enjoy a great deal of authority.‖117 To encourage more lawyers to join the Public Prosecution in the fight against graft and corruption. and enhancing meritocracy in appointments and promotions.Democratic Deficits in the Philippines: What is to be Done? Formulate an official policy of transparency as regards the role and authorities of presidential consultants/advisers. it is recommended that the number of the plantilla positions of government prosecutors. the question is who they are. Presidential consultants/advisers -who are considered ―cabinet-level‖ positions – however undergo no such confirmation process. The related recommendations of Vinay Bhargaya of the World Bank may be implemented immediately and in the medium-term:115 Limiting the scope for patronage in public employment by depoliticizing the civil service and strictly regulating the use of casual and other contractual workers Decompressing the government pay scale to provide competitive salaries up to senior levels Strengthening performance evaluation. likewise said that ―We have to work for restructuring in terms of pay scales and bonus schemes for public service. regular Cabinet officials undergo a Congressional confirmation process in order to officially assume office. For the military. Jr. the following recommendation should be implemented immediately: Strictly adhere to the merit system of promotion and selection of officers to be designated as commanders of its different units. both in the Office of the Ombudsman and the National Prosecution Service. and their corresponding salaries be increased.‖116 Presidential aspirant Gilbert Teodoro. I believe that the majority of those going to government are matino but we don‘t give them a chance to be one and we force them to go into these situations. They are also subject to public scrutiny not to mention administrative laws that (theoretically) help ensure that power is not abused. that will be my policy. implementing related awards and sanctions. Currently. what their terms of reference are. The primary criterion for qualification should be an officer who possesses technical competence and vision to 72 . You have to reduce temptations. Even then presidential aspirant Benigno Simeon Aquino III supports the provision of competitive salaries: ―We give them salaries and packages that would practically guarantee that they will not be corrupt. and whether and how they are held accountable to entities other than the president. While any president is entitled to his or her advisers. Yes.118 This may be carried out in the medium-term.
Active efforts to engage civil society to advance accountability and integrity are also needed. Government employees themselves should be at the forefront of fighting corruption and inefficiency. has the moral integrity and political will to implement reforms. the confederation of public sector unions of Philippine government employees. and procedures to file complaints on agency failure to follow required procedures Using government officials‘ statement of assets and liabilities proactively to identify possible cases of corruption Conducting client surveys to get regular feedback on access and quality of government services Establishing advisory boards made up of prominent Filipino citizens to assist the Office of the Ombudsman as well as each department and agency targeted for anticorruption effort Limiting the role of advisers in the government. Actions that could enhance transparency and public oversight include: Establishing a citizen charter. by initiating several programs in the fight against corruption. These may be replicated immediately by government employees in government agencies where PSLINK is not yet present:120 Participation in anti-corruption committees PSLINK sends members to participate in inter-agency anti-corruption meetings. maximum length of time to conclude the process. more importantly. public oversight and civil society Civil society participation can be enhanced immediately by increasing transparency through public oversight. who are not governed by public accountability and parliamentary processes. The World Bank explains that: Measures to increase significantly the information made available to the general public have special importance because they let citizens know what officials are accountable for and how to judge their performance against those standards. 73 . An innovative approach has been taken by PSLINK.119 Civil liberties.Democratic Deficits in the Philippines: What is to be Done? effectively formulate reforms and. requiring an agency to specify and publish: each step of procedures to obtain a particular service. and enhancing the role of cabinet officials who are Strengthening the ongoing initiatives for governance-appraisal systems for cities and municipalities and publishing results annually.
The name is specifically designed to attract members and the concept mirrors the campaign to popularize quality through the creation of "Quality Circles". They also monitor the quality of medicines to ensure there is no substitution with inferior medicines during the delivery process. This reduced the number of missing text books from 55 percent to 5 percent. Procurement Watch and other NGOs to mobilise union members and boy and girl scouts to physically count the books during the delivery process and compare this to the number which were supposed to be delivered. Procurement of text books – counting away corruption One successful campaign involving the delivery of textbooks to primary school students demonstrates the success such monitoring processes can have in cutting down on corruption. Adrian Wood. These members are there to scrutinise the bidding process when results of bids are announced to ensure the proper process is followed.Democratic Deficits in the Philippines: What is to be Done? Integrity Circles PSLINK is trying to form workplace-based ‗Integrity Circles‘ (IC‘s). These members receive training from an organisation called Transparency and Accountability Network (TAN) which has been accredited by the government to provide training on the new procurement law established in the Philippines. Often there are large discrepancies. Corruption in the delivery of primary school text books resulted in up to 55 percent of the books not being delivered so PSLINK worked with TAN. former President 74 . The private business sector also has a crucial role in ensuring that corruption is prevented through collective action or even as a national movement. The idea is to create groups at the level of the smallest unit to discuss and implement ways to improve the workplace and increase productivity and efficiency and to serve as monitors and advocacy groups. Procurement of medicine – a healthy alternative to corruption The union is also involved with other civil society groups in monitoring the procurement of medical drugs and identifying any discrepancy between the listed purchase price and the actual money paid. Members also participate in the deliberation and monitoring of the profits of companies bidding for public projects and ensure that terms and conditions contained in contracts are not disadvantageous for the government. Procurement Watch PSLINK is also establishing a regional procurement watch to scrutinise the results of public bidding. Procurement In the area of procurement PSLINK has provided training to members of the Committee for Bids and Awards. They promote the purchase of generic brands over expensive brand-name medicines and closely monitor the expiry dates of medicines delivered to ensure that medicines which are almost out-of-date are not being off-loaded onto Filipino people. Mr.
This will ensure that operational issues are addressed immediately which is critical to the continuity of the program. If Company A learns about suspicious behavior by representatives of Company B. It also promotes more transparency among the various sectors involved in Collective Action. a detailed but plain language code can be drafted by the lawyers from the participating companies once the project commences. Apart from that. CEOs’ commitment to the project • Within the format of a trade association meeting with the third party sponsor(s) present. assignment of duties and responsibilities. Approval and support from relevant government agencies • Sharing the proposed code with relevant government agencies gives them an opportunity to identify illegal and unethical practices which otherwise might not be known to the participating companies. During the meeting it is important to determine the program of activities. lawyers or compliance officers at Company A must be able to inform Company B confidentially. obtain the commitment of all of the CEOs of participating companies. explains the essential elements for Collective Action: Neutral third party • Due to the antitrust law the pact should be sponsored by a neutral third party. It is important to determine the sharing of the work at the onset. correct and if necessary penalize the personnel and company who engaged in improper behavior. allocation of personnel and other resources. Inc. There should be a formal agreement among the CEOs or General Counsel or Compliance Officers of the participating companies that suspicious behavior from any of their respective representatives or employees will be reported and mutually dealt with. Trade associations and NGOs can host the necessary meetings with the appropriate antitrust protections. Plain language Code of Conduct for participating companies • International and local organizations which are actively campaigning against corruption can provide the basic templates for the Code of Conduct.Democratic Deficits in the Philippines: What is to be Done? and Chief Executive Officer of Siemens. Prevalent abusive practices in various business environments should be described in detail. Self Regulatory Monitoring of participating companies • Critical to the success of Collective Action is the participating companies‘ commitment to transparency. Admonishing against the engaging in corrupt practices is not enough. specific rules and guidelines for relevant employee groups must be drafted. Philippines. From these industry-specific templates. 121 75 . then the CEO. and Company B must be obliged to investigate.
Regardless of the form and substance. External enforcement under this approach is done via a structured audit and certification process. usually a non-government organization responsible for monitoring the integrity of the bidding process.123 For the long-term. The enforcement is founded on peer pressure and an honor system dependent on the participating companies‘ internal corporate governance program. Vilegas. Compliance to the initiative is based on honor and public commitment. reputations. This also requires establishment of sanctions on companies caught violating the agreement. chambers of commerce and organizations.122 For the short-term. This method requires a third party or an auditing firm that can independently evaluate applications of interested companies as well as assess continuing membership based on the extent of conformance to the established standards. This approach requires the participation of an independent and a reputable third party. are recommended: roundtable discussions. This 76 . best practices sharing. information campaign and anti-corruption training. there will be attempts to sabotage the movement not necessarily from outside but from even inside the membership. the movement should be determined and highly organized to fight ―the establishment. willing to make personal and financial sacrifices. the following initiatives. The certification process institutionalizes the members‘ commitment to curtail corrupt activities within their sphere of influence. Tordecillas: According to This is an open declaration of commitment to clean business practices from various industries. For sure. which usually involve government institutions. more importantly.Democratic Deficits in the Philippines: What is to be Done? Vicente T. External enforcement can be initiated by customers or bidding companies through formal written agreements commonly referred to as ‗Integrity Pacts‖. Of primary importance is the establishment of compliancerelated pre-requisites for memberships. Tordecillas explains: These are principle-based initiatives that serve to strengthen the signatories‘ commitment to eliminate corrupt practices in their business activities. companies and lawyers on the line and. a project-based agreement may be formulated.‖ The leaders and member must trust one another and not hold back on their commitment or else the whole effort will easily break down. a retired business executive has proposed the formation of a national movement: …led by courageous business leaders willing to put their names.
has to be mobilized to combat corruption. Adopting accounting and auditing rules and standards to ensure transparency in business transactions. Developing and implementing company codes of conduct and ensuring their effectiveness through internal control mechanisms. and investment. infrastructure.124 Corporate responsibility (international agencies and FDI) The World Bank‘s recommendation to develop partnerships with the private sector may be implemented immediately:125 The private sector. requiring a formal no-bribery commitment from all bidders for government contracts. The model antibribery legislation sponsored by the Organization for Economic Cooperation and Development (OECD) is an example in that it promises significant penalties for those who continue to pay bribes. personnel training. Engaging in a dialogue about how to solve the collective action problem associated with bribery: how to prevent some firms from continuing to bribe when others stop.Democratic Deficits in the Philippines: What is to be Done? approach is the best route for ushering cultural change paving the way for a levelplaying field and an equitable business environment. and sanctions. the average common man 77 . Fiscal Policy We support the recommendation of former Finance Secretary Ernest Leung for a major overhaul of the Philippine tax system in the long-term. The OECD Principles of Corporate Governance (April 1999) provide a useful model for a local initiative. The following actions could be part of a government-private sector partnership against corruption: Involving representatives of the private sector in designing anticorruption strategies in vulnerable departments such as customs. Encouraging higher standards of corporate governance. industrial policy. He notes that on a per capita basis. thereby creating incentives for the others to revert to bribery again. Involving the private sector will not only allow more sophisticated and sensitive policy responses to corruption to be developed but will also put pressure on the private sector to raise its own standards of behavior. as a major source of funds used for corrupt purposes. Another example is the Integrity Pact concept being piloted in Indonesia. taxation. Leung observes that Philippine tax laws and systems are very complex and this allows the rich or the favored few to pay taxes below the scheduled or appropriate amounts.
He points out that exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes. a recommendation by the World Bank is worth considering:133 Reforming budget processes to achieve discipline. On Budget Control and Treasury Development For the long-term. I would push for televised public bidding. Villanueva stated that: ―In the first 12 days.‖129 The bill will pave the way for the full disclosure of all government transactions involving public interest.‖130 On Procurement reform For immediate implementation. Everyone who is interested can come to inspect the terms of reference of government contracts.‖132 This may be carried out in the medium-term. For instance. eliminating noncompetitive aspects. limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions and thus discharge their duties with a more independent and dispassionate perspective. actively rooting out cartels. I‘ll certify as urgent a bill on the proposed Access to Information Act or the proposed Freedom of Information Act which my son Joel as Cibac representative fought for in Congress. Presidential aspirant Manuel Villar of the Nacionalista Party has likewise proposed that ―I would work for increased transparency in government dealings. Key potential actions to reform the budget process are: 78 . especially in awarding bigticket contracts and large procurement activities. and opening up tenders to international competition. We support the recommendation of former Budget Secretary Emila Boncodin to minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people. allocative efficiency and operational efficiency is a promising area to address corruption issues.127 We also support the passage of a bill on the Freedom of Information Act supported by the Catholic Bishops' Conference of the Philippines (CBCP)128 and presidential aspirant Eddie Villanueva.126 Financial Controls Transparency should be foremost in instituting financial controls. This law provides anyone with copies of all documents in all transactions.Democratic Deficits in the Philippines: What is to be Done? pays more taxes through the automatic income tax regime than larger entities that pay corporate taxes.131 The World Bank also recommends ―Simplifying public procurement.
the law should provide graduated penalties based upon the amount or damages sustained and in cases where the government is the injured party and the amount involved is PHP100.000. Revision of penalties of government-related crimes.Democratic Deficits in the Philippines: What is to be Done? Enhancing the integrity and effectiveness of government wide and agencylevel financial management systems Improving program performance monitoring and evaluation Limiting congressional discretion over detailed line-items and strictly enforcing public finance rules in remaining cases Legal-Judicial Reforms The recommendations presented here are for the short-term to medium-term. 79 . the penalty is only reclusion temporal in its maximum period to reclusion perpetua. has proposed several solutions in the fight against graft and corruption in an article entitled ―Fighting Graft and Corruption‖. it should be punishable by a single penalty of reclusion perpetua. the penalty should be the single penalty or reclusion perpetua. In malversation. persons convicted of government-related cases should likewise be not covered like those convicted of crimes against national security or public order who are disqualified from the benefits of the probation law. the Indeterminate Sentence Law shall not apply.200. the commission of any graft or corrupt practice as defined therein is uniformly penalized with imprisonment of not less than six years and one month nor more than 15 years regardless of the amount or value of the property involved. in Republic Act No.000. who is also a former public prosecutor and a trial judge. Former Presiding Justice of the Sandiganbayan Manuel R. which appeared in a fraternal publication:135 First. As in malversation cases.00.000. if the amount defalcated exceeds PHP22. On Probation Law. subversion or sedition. It must always be a straight penalty of ten years or twenty years. Any case of graft and corruption or crime involving betrayal of public office must be treated as a crime against public order like rebellion. 3019 as amended. No minimum and maximum period. Also. consisting of procedural/penal reforms and substantive reforms:134 On Procedural/Penal Reforms Procedural/penal reforms may be undertaken within the short-term. It is believed that the law should be amended in such a way that if the amount malversed exceeds PHP100. hence. The penalty shall always be a straight one. Second. The uniformity of the imposable penalties is not in keeping with realities. Pamaran.00 or more.
revocation or suspension of. they can adapt ways and means to favor them to the disadvantage of the prosecution and the public dealing with them. In preliminary investigation of government related cases. where the graft cases involve recovery of sum of money or property. or public grants of any kind or in connection with the disposition. approval of disapproval. Fifth. Consequently. there should be no issuance of temporary restraining orders or injunctions except those issued by the Supreme Court. because of the number of cases pending before the Sandiganbayan the number of division of the Sandiganbayan should really be increased to 15 but they should always be based in Metro Manila to insulate the proceedings from external influence.Democratic Deficits in the Philippines: What is to be Done? Third. patents. Also. We had tried this before with success when the Sandiganbayan first functioned. There can be no reason why we cannot have it now. which prohibits issuance of any restraining order. should always be accompanied by a writ of attachment of property of the accused to avoid concealment or disposition to satisfy the civil liability or fine. P. The present rules are too long.D. Government-related cases should be set for trial within a period of two months from filing to five for allowance to motion to quash. permits. 385. ―no writ of injunction shall be issued by any court to delay an investigation. the warrant of arrest issued. Fourth. Trial should be finished within a period of ten months from first setting and decision rendered within a period of two months from termination thereof. exploitation. or restraining order in any case involving or growing out of labor disputes‖. affording the culprit to delay the proceedings to their advantage for as they still hold office during the proceedings. On Substantive Reforms The following substantive reforms are recommended to be carried out in the mediumterm: 136 80 . which prohibits injunction against financial institution regarding collection of debts from borrower and Articles 213 and 214 of the Labor Code which prohibits any court to issue ―temporary or permanent injunction. exploration and/or development of the natural resources of the Philippines. which provides. utilization.D. In order that compliance with the aforesaid periods will be observed. P. the proceedings must be terminated and resolved within a period of 30 days from filing thereof. No. preliminary injunction or preliminary mandatory injunction in any case involving or growing out of the issuance. or any action whatsoever by the proper administrative official or body on concessions. licenses. arraignment or other related matters. This is similar to Section 14 of the Ombudsman Act of 1989. 605.
and 3. to strengthen the prevention. investigation and prosecution of graft. The goal is to change the current perception of corruption in the Philippines—from a ―low-risk. with whistle blower protection provisions. 2.‖ The following actions would strengthen the anticorruption institutions: Fast-tracking—for successful prosecution—a few high profile pending cases of alleged graft and corruption Merging the Presidential Commission Against Graft and Corruption with the Ombudsman‘s Office and strengthen the latter‘s capacity Strengthening capacity of the Sandiganbayan Supporting capacity building in forensic audit at Commission on Audit and corruption prevention at the Civil Service Commission Streamlining and simplifying the legislative and regulatory framework involving corruption and civil service codes of conduct Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. high-reward‖ activity to a ―high-risk. low-reward activity. Enactment of an additional law. Recap of “What is to be done?” Political Reforms Reform campaign finance and end or prohibit political dynasties 81 . but government‘s capacity to detect corruption and sanction corrupt practices should also be strengthened. Amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions to keep up with developments in governance. The World Bank‘s similar and other recommendations may also be implemented in the medium-term and long-term:137 Anticorruption efforts should focus on preventing and eliminating root causes of corruption. Codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws.Democratic Deficits in the Philippines: What is to be Done? 1.
the confederation of public sector unions of Philippine government employees Corporate responsibility (international agencies and FDI) Develop government-private sector partnerships in combating corruption Fiscal Policy Conduct a major overhaul of the Philippine tax system because exemptions given have created windows of opportunity for taxpayers in the higher income bracket to avoid paying taxes Financial Controls Minimize technical jargon and make the language of the government budget more simple so as to make it more understandable to the people 82 .Democratic Deficits in the Philippines: What is to be Done? Institutional Reforms Target selected ―problem‖ agencies for government reform enhancing transparency based on the public‘s priority concerns Strengthen the Office of the Ombudsman and study alternative ways of appointing the Ombudsman other than by the President Seriously consider the proposals of the various presidential aspirants in the last May 2010 elections in relation to bureaucratic reform Strengthen third party enforcement in order to reduce or check ineligible. political appointments Reform the pay incentive system to make it more competitive and reduce temptations for corruption Strictly adhere to the officers/officials/managers merit system of promotion and selection of Civil liberties. public oversight and civil society Enhance civil society participation by increasing transparency through public oversight and by preventing corruption through collective action Encourage government employees themselves to be at the forefront of fighting corruption and inefficiency such as the innovative approach taken by PSLINK.
and no issuance of temporary restraining orders except by the Supreme Court Carry out substantive reforms such as enactment of an additional law with whistle blower protection provisions. warrant of arrest to be accompanied by writ of attachment of property. E. increasing penalties for certain offenses. amendments of certain provisions of existing laws that provide opportunities for graft and updating of the archaic or vintage provisions. the overcentralized structure of our political system which has been permeating our politics for so many centuries many times goes against the many democratic principles that underpin our political system. 83 . termination and resolution of preliminary investigation proceedings within 30 days. conduct of speedy trials or fast-tracking of high profile cases.Democratic Deficits in the Philippines: What is to be Done? Pass the bill on the Freedom of Information Act to pave the way for the full disclosure of all government transactions involving public interest Simplify procurement and limit the boundary exchange processes to the front line levels in order to totally insulate offices mandated to perform review and inspection functions Reform budget processes to achieve discipline. codification of the fragmented anti-graft laws and the integration of the anti-graft provisions of the widely scattered special laws Study the possible merging of the Presidential Commission Against Graft and Corruption with the office of the Ombudsman Strengthening the functions of the Inter-Agency Anti-Graft Coordinating Council to harmonize rules and joint activities. colonization. allocative efficiency and operational efficiency Legal-Judicial Reforms Undertake specific procedural/penal reforms such as imposition of straight penalties. Thus. Local Government–National Government Relations Local Governments Local governments are anterior to national government. Local governments were the ―natural‖ ways of life before ―national‖ was created for consolidation during periods of occupation.
Figure 1: Structure of Local Governments in the Philippines National Government Provinces Highly Urbanized Cities and Independent Component Cities Municipalities Component Cities Barangays Barangays Barangays Source: Based on Romeo B. 136 cities. agriculture to include agricultural extension and on-site research. Nineteen years hence. 1.‖ and the politico-economic stranglehold of the center that has resulted in the paralysis of the extremities. social services including social welfare services. 81 provinces. The 1991 Local Government Code was a monumental devolution of powers from the national government. environment to include community based forestry services. public works funded by local funds. thus far.Politics and Finance. These basic services are in the field of health. social welfare and environmental protection. 1985). to include field and hospital services and other tertiary services. in addressing the decades old supremacy of Manila pejoratively labeled ―Imperial Manila.138 (See Figure 1) For over six decades of its existence. the Local Government Code of 1991 has the following basic features: It devolved to the local governments the responsibility for the delivery of various aspects of basic services which used to be within the jurisdiction of the national government. Ocampo and Elena M. and Department of the Interior and Local Government (DILG). agriculture. many attempts to move away from the centralized administration of the past centuries of colonial rule to restoring to its local units the governance of the citizenry.Democratic Deficits in the Philippines: What is to be Done? The Philippines is divided into 17 administrative regions. 1991 Local Government Code The 1991 Local Government Code was seen as the most radical and the most comprehensive. Panganiban. the Philippines has seen many.495 municipalities and 42. where are we now? In brief. education through the school 84 .008 barangays. The Philippine Local Government System: History. This law devolved authorities in health. (Manila: Local Government Center.
the Internal Revenue Allotment (IRA) and given them additional tax power for local fees and other charges. approval and processing of subdivision plans and establishment of cockpits and holding of cockfights. increasing their share from the national taxes. The Code also provided the local governments the power to enter into buildoperate-transfer arrangements with the private sector.139 Major Challenges of Local Government-National Government Governance 19 years hence. what are the major challenges of local government-national government governance viewed through the implementation of the 1991 Local government Code? Capacity building is the constant battle cry of the local governments on whom so many erstwhile national government functions were devolved but so little finances to support them given. operation of tricycles. forestry and fishery. enforcement of environmental laws. the local health board. telecommunications services. The Code also increased the financial resources available to the local governments by broadening its taxing powers. in broad strokes. float bonds and obtain loans from private institutions. 85 . providing them with specific share from the national wealth exploited in their area through mining. the Asian Development Bank came out with a comprehensive report on Philippine governance. It also devolved to local governments enforcement of regulatory powers like reclassification of agricultural lands. enforcement of national building codes. Many studies have advocated an urgent need to review the Internal Revenue Allotment (IRA) of the local governments particularly in the light of the creation of more cities following the Supreme Court decision. It included.140 No other extant study has covered all the bases as did this report so we are quoting it at length below. an identification of the many issues and challenges of local governance in the Philippines as well as recommendations on how the intergovernmental relations between the national and the sub-national units may be enhanced. and the local school board.Democratic Deficits in the Philippines: What is to be Done? building program. promotion and development. tourism in terms of facilities. inspection of food products and quarantine. In 2005. The Code also provided for the participation of civil society in local governance as it mandates participation of NGOs and PO or people‘s organizations local bodies like the local development council. housing projects and other services.
the local governments found themselves hard pressed to pay salaries of these devolved personnel. Partnerships with NGOs and people‘s organizations through the various local government agencies and other decision making entities have yet to be enhanced and effectively enforced.Democratic Deficits in the Philippines: What is to be Done? Major challenges identified: Lack of financial support for the devolved personnel. At the top of the list is the need for an urgent review of the Internal Revenue Allotment (IRA) formula which has been the bane for many local governments as they struggle to support the many devolved services. It was noted that close to 65. The organizational aspects of these leagues as well as communication and coordination among them present a challenge for more effective articulation of their demands. As the devolved functions required more knowledge. Given their limited resources.000 erstwhile national government personnel were transferred to the local units after the Code. the local governments manning these devolved agencies needed a major education and training program to keep them up to speed with the requirements of the devolved agencies. The problem is exacerbated where the devolved employee has a salary higher than the chief executive of the local unit to which he has been transferred. Performance indicators and benchmarks and good practices for many areas of local governance have yet to be adopted and consensually agreed upon by the local units. Alternative 86 . Capacity and skills building noted earlier was also identified as a major challenge. We recommended that performance measures and poverty indicators should be included in the bases of the allocation.to medium-term. the local governments have organized themselves into leagues to more effectively articulate their interests and realize their goals. This has disturbed the ecology of the local government employees. Many studies have identified the need to reexamine the formula for the reckoning of how much IRA each local government unit will get. The Local governments were mandated to pay for their salaries. The new desired structures still have yet to be reconfigured. What is to be done? There are several things that can be done within the short. skills and competencies. For the past ten years. The many disasters and environmental challenges that the local governments experienced have brought them to the realization of the need to restructure themselves and establish collaborative institutions as avenues for cooperation and coordination of activities for optimum use of resources and optimum results.
The ADB report recommended exchange programs with other countries which have already experienced the enhancement of their leagues. we create islands of effective governance which will only redound to the increased credit to our democracy. enhanced and periodically reevaluated so there is a consensually accepted measure of local governments not only for purpose of the IRA but more importantly for its citizenry to be confident that the democratic deficits are indeed being addressed. The call for professionalization of the secretariats of the various leagues has also been made by many quarters. The Code has provided for public sector–private sector collaboration but these relationships still have to be enhanced so public services will be more efficiently and effectively delivered. Documenting and replicating best practices in other local governments in the country will be very useful. The need to develop an Integrated Master Plan for capacity building and training for Local governments at various levels has been identified by the ADB report. Recap of “What is to be done?” Reexamine the IRA formula such that performance measures and poverty indicators should be included in the bases of the allocation Explore alternative ways of raising revenues by LGUs Adopt more efficient ways of collecting local taxes 87 .Democratic Deficits in the Philippines: What is to be Done? ways of raising revenues by the local units also need to be explored as well as more efficient ways of collecting local taxes to be adopted. There is also a need for the identification of ways to enable the local governments to cooperate and collaborate in many aspects of governance particularly in the areas of disaster management and environmental protection and preservation. With the Local Government Academy at the helm. If their effectiveness is enhanced. The performance indicators should be developed. Local governments are at the forefront of governance. Experiences of other cities elsewhere in the world may be instructive for this purpose. there is a need to coordinate all other education and training agencies to more efficiently deliver these services as well as to avoid overlaps and duplications of activities. then.
The 2007 coup attempt also included then Major (now General) Danilo Lim. enhance and periodically reevaluate performance indicators for LGUs F. including the last one by marine officers on November 29. the Local Government Academy can coordinate all other education and training agencies Professionalize the secretariats of the various leagues (barangay chairmen.Democratic Deficits in the Philippines: What is to be Done? Develop an Integrated Master Plan for capacity building and training for Local governments at various levels. 2007. the various coup attempts in the past 24 years have: …unmasked an alarming political reality -. who has been involved in virtually every coup attempt against the government. Gregorio ―Gringo‖ Honasan. city mayors. a political analyst.141 According to Anamdo Doronila. exchange programs with other countries which have already experienced the enhancement of their leagues may be carried out Identify ways to enable local governments to cooperate and collaborate with one another and with other cities in other parts of the world in many aspects of governance. provincial governors). municipal mayors.the hijacking of Philippine democracy and sidelining of constitutional authorities when the police and military responded to the crisis provoked by a rebellious segment of the Armed Forces… They highlight the fragility of democracy and the ever-present danger of military intervention as the arbiter of political crisis lurking just underneath the surface of our unstable democracy. It involved the military occupation of several hotels in Makati City. The most serious one was that of December 1989 which nearly toppled Aquino. Armed Forces of the Philippines (AFP)/Philippine National Police (PNP) Reform The Armed Forces of the Philippines and Military Interventionism There have been at least thirteen aborted coup attempts since 1986--nine against President Corazon Aquino from 1986 to 1989 and four against President Gloria MacapagalArroyo since 2001. the country‘s premier financial district. It was led by Col. particularly in the areas of disaster management and environmental protection and preservation Document and replicate best practices in public sector–private sector collaboration in various local government jurisdictions Develop.142 88 .
community. followed by massive civilian participation behind the mutinous faction. their promotions have been fasttracked partly as a result of the peace process. Ramos justified his amnesty program. In the February 1986 coup. In 2003. It did not even invite any of the commissioners to the peace negotiations with RAM. It was better to put these soldiers under military control. said a senior defense official." He also described it as "a tool for national reconciliation and empowerment. the Estrada administration collapsed after the AFP general staff pulled out its support. "tempers the retribution of the state against (rebels). As a result of this benign type of military intervention Filipino-style." "Corpus.Democratic Deficits in the Philippines: What is to be Done? He also noted that the: Two regime changes in which the Armed Forces intervened (those of EDSA 1 in 1986 and EDSA 2 in 2001) were a porous mix of the participation by the military and civil society.144 89 . Ramos. both sides went to the negotiating table with organizational interests at heart: on the part of government." he said. After the signing of the pact. However. Prof. For in truth. Col.and opens the way for reintegration into the." Many who agree to this strategy insist it was the best choice under the circumstances. who joined the communist movement but was accepted back.) Victor Corpus. erases culpability. for its members to return to the status quo.‖ The Philippine Center for Investigative Journalism reports: But the Ramos government apparently deemed the recommendations inappropriate for its peace agenda. than let them out of the system and risk their involvement in criminal or rebel activities.143 The Davide Commission. and the defection of military units to the rebel side." Yet in the case of the RAM leaders. the military was deeply split. presented a set of recommendations to then President Fidel V." he said. "Amnesty. to cease hostilities. the constitutionally mandated supremacy of civilian authority over the military has never been firmly established. on the part of RAM." he pointed out. the Ramos administration devised its own strategy for dealing with ―military rebels. tasked to investigate and present a report in relation to the 1989 coup attempt. "The basic rule there is you don't annihilate the enemy. "lagged behind all his batch mates in promotion. [Felipe] Miranda likened this to a tactic of balancing terror. "(You) probably just have to exact penalties like what they have done to (Lt.
the Ramos government granted unconditional amnesty to 3. A total of 153 military officers who had been jailed or charged for the 1989 coup have been reinstated.145 Military officers have since entered the civilian bureaucracy occupying key positions in government. Col. …the military‘s access to arms has affected the way administrations have treated it vis-à-vis appointment to government posts. 90 . Following the peace agreement it signed in 1995 with the Rebolusyonaryong Alyansang Makabansa (RAM).675 soldiers who had been previously charged have also returned to the military. which include the officer corps of the Armed Forces. This number excludes 55 military officers who remained in active service because they had not been formally charged in court. For so long as the military brokers political transitions. or a law firm. a group of university alumni. Some 1.731 military officers and soldiers involved in the 1989 and 1987 coup attempts. we see not only ― military dynasties‖ but also blocks and turfs controlled by various elite groups such as fraternity organizations. Four others are working in the different line agencies of government. Billy Bibit. including four who have been promoted to general like Victor Batac. while Turingan led the attack at Sangley Point in Cavite. …………………………………………………………. for so long as there are insurgencies and rebellions that make the nation dependent on its armed forces. newly appointed commissioner for the Caraga region of the Economic Intelligence and Investigation Bureau. like former PC Lt. and for so long as weak civilian institutions remain vulnerable to destabilizing forces. now deputy director for logistics of the Philippine National Police. Journalist Glenda Gloria documented the presence of soldiers in post-EDSA governments and had these findings: …the appointment of officers in the civilian posts is reflective of the rent-seeking character of the country‘s influential sectors. according to military records. then home to the military's T28 planes. In various departments and agencies. Batac led troops in seizing TV stations during the 1989 coup.Democratic Deficits in the Philippines: What is to be Done? A news report presenting an update on the careers the military officers and personnel involved in the 1989 coup attempt bears this: Almost all of them are back in service. this pattern of military appointments to the bureaucracy shall continue.
the military has become—dangerously—a highly politicized institution. Misused to impose the Marcos dictatorship in 1972 that lasted for 14 years. Simbulan further adds: Many officers who figured in tortures and disappearances and played god in summary executions as documented by Amnesty International were not only left unpunished but were even promoted. Meanwhile. Soldiers of the Filipino 91 . and were given a free hand in coercing civilian agencies. there were many concessions given by the government to military rebels which do not augur well for Philippine democracy: Embroiled in a nationwide anti-insurgency war and a Muslim rebellion in the island of Mindanao since the late ‘60s. when strong political parties are absent and when a government‘s legitimacy is put into question.Democratic Deficits in the Philippines: What is to be Done? Regimes will choose this path rather than risk an armed confrontation with their politicized soldiers. Since that time. But its image nevertheless was tarnished during the dictatorship as a hatchet institution for repressive dictatorship. This was also the case in officers involved in corruption and unexplained wealth who were left untouched.146 According to Prof. soldiers who figured in the nine coup attempts against former President Cory Aquino or were implicated in the assassinations of labor leader Rolando Olalia and Bayan leader Lean Alejandro were not only pardoned but were even reintegrated and promoted. the military‘s foiled rebellion in 1986 is also what led to a people-power uprising that deposed that dictatorship. the Armed Forces of the Philippines has also been factionalized by enemies from within. This was not a healthy direction for this institution which now began to look at itself as a sector that could compete for its sectoral interests in Philippine politics and society. the Harvard professor who wrote The Soldier and the State as well as other books on the role of the military in Third World countries. Military officers were assigned to manage civilian institutions in exchange for their loyalty to the dictatorship.147 Prof. Huntington. Military organizations or factions since the Reform the Armed Forces Movement (RAM). suggests that the propensity for military intervention increases when government institutions are weak. including the once-independent judicial system. Roland Simbulan. coming from the ranks of its most elite units and most respected combat-tested field commanders. the Young Officers Union (YOU). or as a liberator that turns the tide in political standoffs. Samuel P. The role of the military in political transitions has always put this institution in a crucial role as either the embodiment of the apparatus of repression.
151 The study elaborates: The local police receive resources from LGUs and are tasked to maintain peace and order within their jurisdiction. and maintaining police–community relations) is allocated to the field offices.Democratic Deficits in the Philippines: What is to be Done? People (a spin-off of the Nationalist Army of the People of Marcos loyalists). While salaries of the PNP personnel have increased. As in the case of the courts. examinations.148 (For a brief history of the AFP and the PNP. Candidates enter PNP on the recommendation of local authorities. They advance by promotion from within.152 92 . and now the Magdalo. intelligence. the relatively low compensation scheme for PNP personnel remains an obstacle to attracting highly qualified candidates. a limitation that results in rapid turnover and lack of continuity in leadership positions. and a clean record with regard to complaints. The contributions may be in cash or in kind. LGUs justify these contributions on the grounds that they rely on PNP officers to perform peace and order functions. completion of training. including salaries for police in the field. curbing corruption and making it independent of political interests. and the Local Government Code authorizing LGUs to supervise the day-to-day operations of the police—make the police vulnerable to the control of local officials. Less than one-fourth of amounts supporting police operations in the field (investigation. are today a threat to the constitutional stability of a nonpartisan military. It has been estimated that up to 60 percent ―of all police officers live below the poverty line and most live in squalid slums.‖149 A study of the Asian Development Bank (ADB) explains that: More than 95% of the national government‘s appropriations for PNP are centrally managed. may vary in amount from place to place. Mandatory retirement is at age 56 years. highly centralized administration is a source of inefficiency. based on length of service. A study of the ADB has shown that: Other factors—such as LGUs contributing resources to the local police and playing a recommendatory role in the recruitment of police officers.) The Philippine National Police and Political Pressures Compensation scale in the PNP remains a major concern in relation to raising the morale of personnel in the force. see Annex K. and might not be documented in a transparent manner.150 The increased role of local government units in relation to local police stations and to the PNP in general have made the PNP vulnerable to pressures and influence from local political leaders.
in a press release. the AFP is deputized to secure and protect the Board of Election Inspectors (BEI). Versoza said the local government‘s exercise of operational supervision and control over PNP units cannot be invoked 30 days immediately preceding and 30 days following national. there remains some confusion regarding the roles of DILG. if not eliminate the influence of local politicians on the PNP: Incumbent mayors and other elected local executives are not allowed to exercise control and supervision over police deployed in their respective areas all throughout the election period for the May 10 automated polls. and city police directors. and not DILG. at the same time PNP field officers are under ―operational supervision and control‖ of city and municipal mayors.153 Apparently. Election season is a particularly sensitive situation for the PNP. Such confusion is compounded by the fact that PNP officers may be subject to disciplinary proceedings before a number of agencies. The Commission on Elections (COMELEC) deputizes the PNP and the AFP for the orderly conduct of elections with the primary role of maintaining peace and order in the polling places. At a conference in Camp Crame with regional. However. Citing specifically Section 51 of RA 6975. PNP.f. measures are taken to minimize. which monitors PNP performance and serves as a forum for appeals from disciplinary actions. together with NAPOLCOM (the national commission to which the PNP reports in accordance with the Constitution) are placed under DILG. and LGU officials in relation to PNP. the voters. this authority is suspended during the election period. In election hotspots.3. and barangay elections. the above mentioned conditions have brought about ―institutionalized politicization‖ of the PNP. district. PNP director-general Jesus A. as explained in Section A. It is NAPOLCOM. provincial. Versoza explained that while Republic Act (RA) 6975 gives city and municipal chief executives the authority to ―employ and deploy‖ territorial police forces. 93 . said it was issuing the reminder to further their moves to insulate the police from partisan politics. all of which have their own sets of requirements and procedures. local. and ballot boxes.Democratic Deficits in the Philippines: What is to be Done? Other government agencies and institutions further add to the pressure: PNP is also adversely affected by unclear lines of authority. The Philippine National Police (PNP). the polling precincts. NAPOLCOM. and all of which hold hearings. and governors and mayors have the authority to choose PNP provincial directors and chiefs of police. A Supreme Court decision on the matter notwithstanding..154 In the recent May 2010 elections.
"The same police (officer) got involved in partisan politics. and orderly elections. 156 But such efforts by the PNP were criticized by some quarters as being intended for the Arroyo administration‘s political ends: Senator Mar Roxas emphasized that if the DILG must reshuffle its local police directors. favoring one mayoralty candidate in Pampanga. The Liberal Party earlier decried the arbitrary replacement of local police directors in areas where the administration is perceived to be weak. it should focus on areas where the local police are likely to be used for partisan political purposes. such as LP strongholds Cavite. peaceful. Pampanga municipal police chief Senior Superintendent Abel Lingat to a different police station during the election period.155 Police chiefs were also reshuffled to derail any attempts by local politicians to use police personnel for political ends: A panel tasked to disband politicians‘ armed groups on Tuesday asked the Commission on Elections (Comelec) to allow the reshuffling of police chiefs to avoid tie-ups with local executives suspected of harboring private armies. yung mga nagpapagamit sa pulitika (The provincial police 94 . ―This specific provision of the law guarantees that our policemen will not be utilized by local government executives in partisan political activity. The ICAP said the PNP should monitor the actions of the provincial directors to "ensure" that they will not be "beholden" to any political figure in their provinces. The ICAP likewise asked Melo to order Verzosa to transfer Porac. thus helping ensure honest. Alaminos City and Capiz. "Ang mga provincial police director na dapat tamaan ng rigodon. The Independent Commission Against Private Armies (ICAP) also known as the Zeñarosa Commission asked Comelec chairman Jose Melo in a letter to direct Philippine National Police (PNP) chief Director General Jesus Verzosa to immediately "rotate" their provincial directors in Region 9 during the election period.Democratic Deficits in the Philippines: What is to be Done? He added that during this period.‖ Verzosa said." ICAP commissioner Herman Basbano told reporters after he submitted their request to the office of Melo. yung mga overstaying na dahil may kapit sa itaas. the local police forces shall be under the supervision and control of the Commission on Elections (Comelec). yung mga talagang kumakampi sa mga lokal na pulitiko.
95 . Case intelligence build-up operations are now underway for the launching of appropriate police or legal actions against these groups. Verzosa clalrified that the memorandum was ―not mandatory but voluntary.157 To further insulate the police force from partisan politics. city and station levels.Democratic Deficits in the Philippines: What is to be Done? directors who should be affected by the rigodon are those who are already overstaying because of connections upstairs.‖158 The PNP has been tasked to monitor private armies or Partisan Armed Groups: The PNP has monitored a total of 112 Partisan Armed Groups operating in the country with an estimated 4. An account of a native of the province of Abra illustrates this: The last I heard. there are widespread complaints about the so-called ―monopolized promotion system‖ allegedly controlled by police officials with the ―mistah mentality‖: …It was noted that juicy positions and questionable promotions were only delegated to the remaining 500 Philippine Military Academy (PMA) graduates." Roxas stressed. although the warring political groups in the province could be narrowed down to two.040 armed members. a remnant of post Philippine Constabulary-Integrated National Police (PC-INP) force dissolved in the 1990‘s after the enactment of the PNP Law. those who obviously side with some local politicians. provincial. However. PNP Director General Jesus Verzosa ordered all unit commanders who are set to retire from April 15 to June 30 to relinquish their posts. Verzosa said.159 However. the Philippine National Police (PNP) was monitoring seven private armies. Police officers who graduated from PMA hold important positions and ranks higher than their Philippine National Police Academy (PNPA) counterpart. dealing with private armed groups has been complicated by the ties of such groups to the PNP structure itself. The order affected senior officers assigned as chiefs of police offices in the regional.160 From within the ranks of the PNP. The PNP did not name names. but also that they are afraid to be transferred or be placed in ―floating status‖ because the warlords‘ networks reach well within their organization. Twenty-two (22) other PAGs have been monitored to be dormant or inactive. Sixty-six (66) active PAGs operating in 12 regions have been monitored to be undertaking legal and illegal activities that benefit a particular political interest. I suspect not only that the silence of police officers has been bought. those allowing themselves to be used in partisan politics). but continuous monitoring is ongoing to preclude all possibility that these groups will be employed for violent partisan activities related to the elections.
Hernandez.162 What is to be done? The challenge to remove political pressure from the AFP and the PNP appears to be a simple problem but has become a deeply ingrained one. Ricardo J. Not even former presidents. The Davide Commission was formed in December 1989 by Presidential Administrative Order (AO 146) and later.‖ he said. They had raised the issue many times but nothing comes out of it. 2010.Democratic Deficits in the Philippines: What is to be Done? PNPA graduates claimed that they are not being treated equal by the PMA police officials. by Republic Act No. that will be the one to run the country. The somewhat ―radical‖ recommendation previously proposed by CPRM Consultants. Inc. Delfin L. in that order. 6832. to conduct a thorough fact-finding investigation of the failed coup d‘etat of December 1989 and to recommend measures that would prevent the occurrence of similar attempts in the future. ―Not even Ramos. Davide. It will take determined political will to address this challenge by implementing the key recommendations contained in the Davide Commission and the Feliciano Commission reports which have not yet been implemented. It was headed by Hilario G. especially where there may be sympathetic guards 96 . that will insulate the PNP from partisan politics is also presented.161 The image of a politicized AFP and PNP can be summed up in a statement made by Senate President Juan Ponce Enrile before the May 2010 elections that: …it would be the AFP and the PNP that would choose the nation‘s transition leader in case President Arroyo‘s successor and those who are in the line of succession to the presidency are not proclaimed before June 30. Senate president and Speaker of the House of Representatives. Whoever is followed by these institutions (AFP and PNP). Monsod.):163 1. Romulo. Enrile said not even former President Fidel Ramos and other former presidents can take charge if there is an election failure. Lazaro and Christian S. The following selected short-term recommendations of the Davide Commission are still relevant today in order to prevent or in dealing with actual coup attempts (See Annex L for details of the Selected Recommendations of the Davide Commission. with distinguished personalities from academe and the private sector as members: Carolina G. and to follow-through on those that have been implemented. Under the Constitution. Administering a justice and rehabilitation program to military participants 2. Jr. The strengthening of security measures on those under detention. those who can succeed the president are the vice president.
purchasing and auditing. and training functions. 10. The institutionalization of necessary improvements in the military in the areas of promotion and assignments. logistics. The immediate removal or reassignment of officers of less than 100 percent loyalty from sensitive positions in the military hierarchy.e.Democratic Deficits in the Philippines: What is to be Done? 3. with the help of civilian experts. 14. 7. especially those before the Commission on Appointments. 13. i. The observance of a systematic selection process for the new Chief of Staff that generates the least controversy about the choice. 8. Ramos are still relevant (See Annex L for details of the Selected Recommendations of the Davide Commission. intelligence. 9. In addition. 97 . with more participation by local government officials. the following recommendations for the long-term made to then President Fidel V.): 1. An immediate stop to unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. An immediate audit of the value formation program of the military and. Speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel. The provision of sufficient resources and support to the Deputy Ombudsman for the Military. and compulsory attendance at military command schools. a crackdown by the military on some "big fish" corrupt officers. The immediate disbandment of organizations not authorized by the military. and the training of field commanders to carry it out. Just as in the civilian government. 6. Speedy action on appeals over decisions of AFP courts-martial 4. The purchase or charter by Congress of its own transportation facilities and prohibition on their use of military equipment and aircraft. educational benefits abroad. The expansion of the government‘s information program which has considerably and commendably improved since December 1989. 11. operations. 12. The immediate implementation of a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat 5.. the formulation of an intensive program (essentially constructive indoctrination).
Set tenure limits for AFP finance and procurement officers 6. G. geographic distribution of hospitals should be reviewed. Reyes as Vice Chairman. The State of the AFP Medical Services On the financial side. The Feliciano Commission completed its work on the 2003 Oakwood mutiny on October 17. Initiate an AFP Service and Insurance System B. Narciso.J. The President and the Commission on Appointments must work out a system by which recommendations for promotions can be categorized in practice to avoid the exploitation of the confirmation process for political purposes. S.):164 A.). Feliciano as Chairman.. Simplify AFP procurement procedures 2. Joaquin G. Roland A. 2003. in accordance with the original statutory intent. Commodore Rex C. 98 . Establish an autonomous Internal Affairs office (IAO) C. On the management side. Strictly implement control measures over supplies 5. Modernizing the AFP: Funding and Consequential Problems Reinforce the Office of the Ombudsman by increasing funding and other support D. We propose that the above two recommendation may also be applied similarly to the PNP. Consolidating existing hospitals into fewer units could probably result in better medical services.. Minerva P. Control commanders‘ discretionary powers over the CMF 3. It made the following recommendations which are still relevant today and may be implemented in the medium-term (See Annex M for Selected Recommendations of the Feliciano Commission. Liquidate present RSBS in an orderly manner 2. and the following as members: Carolina G. and Capt.Democratic Deficits in the Philippines: What is to be Done? 2. Robles. The RSBS Problem 1. The AFP Procurement System: Conversion and Other Problems 1. AFP (Ret. Reduce the amount of CMF in GHQ/service HQ hands 4. Return the soldiers‘ RSBS contributions 3. Bernas. The commission was composed of Florentino P. Hernandez. part of the funding of the AFP Modernization Program generated from the sale of Fort Bonifacio land should be dedicated to the modernization and upgrading of medical services.
Inc. What is needed is. if not totally eliminated. The data should not only be accurate and up to date but also immediately accessible. reintegrating authority to the PNP Chief to recruit. (2) The ―overstaying‖ of retired military personnel in AFP housing should be stopped and rectified. The Problem of Benefits for Soldiers Killed in Action …What is needed is the strengthening of the record system of the personal data of soldiers and their dependents. removing LGU authority over the internal administration of the police force…165 99 . dedication of more efforts and funds to the improvement of the AFP medical services. and the fighting efficiency and morale of such troops. (3) The number of privately owned quarters in all military bases should be reduced. after realization thereof. A government counterpart to the premium paid by soldiers to PHILHEALTH insurance should enhance the benefits which the military can receive. probably merits consideration and trial and validation. needs no documentation. E. Clearly. and (4) Strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service must be ensured. G. we support the following recommendation of CPRM Consultants. The Inadequacies of AFP Housing for Officers and Enlisted Personnel (1) The AFP budget should provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program. computerized information systems are called for.: Removing negotiable and highly discretionary support from LGUs. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. Finally.Democratic Deficits in the Philippines: What is to be Done? The suggestion that doctors be hired as doctors and compensated according to their level of expertise and experience and not according to rank. The close relationship between the prompt availability of adequate medical services when needed by troops engaged in encounters with hostile forces.
and compulsory attendance at military command schools (similar improvements may be done for the PNP) Work out a system between the President and the Commission on Appointments by which recommendations for promotions for the AFP can be categorized in practice to avoid the exploitation of the confirmation process for political purposes (this may also be applied to the PNP) o o o o o o o o o Implement the relevant key recommendations of the Feliciano Commission report o Liquidate the AFP Retirement and Separation Benefit System in an orderly manner and return the soldiers‘ contributions o Establish an AFP Service and Insurance System 100 . intelligence. purchasing and auditing.e.. especially those before the Commission on Appointments Conduct of speedy and firm disciplinary action and/or prosecution against members of the military involved in human rights violations as well as of civilian law enforcement personnel involved in victimizing military personnel Encourage the purchase or charter by Congress of its own transportation facilities and prohibition on the use of military equipment and aircraft Provision of sufficient resources and support to the Deputy Ombudsman for the Military Institutionalize necessary improvements in the military in the areas of promotion and assignments. among others: o o o o o Administer a justice and rehabilitation program to military participants Strengthen security measures on those under detention Carry out speedy action on appeals over decision on AFP courts-martial Implement a comprehensive program to provide timely rescue and medical assistance to troops wounded in combat Remove or reassign officers of less than 100 percent loyalty from sensitive positions in the military hierarchy. operations. logistics.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?” Implement the key recommendations contained in the Davide Commission report in order to prevent or when dealing with coup attempts when they happen. educational benefits abroad. and training functions Disband organizations not authorized by the military Observe a systematic selection process for the new Chief of Staff that generates the least controversy about the choice Crackdown by the military on some "big fish" corrupt officers Stop unfair and/or humiliating treatment and criticism of military officers by Congress and other public officials. i.
Democratic Deficits in the Philippines: What is to be Done? o Simplify AFP procurement procedures o Strike a balance between the commanders‘ discretionary powers over the centrally managed funds (CMF) and the amount of CMF in GHQ/service HQ hands o Strictly implement control measures over supplies o Set tenure limits for AFP finance and procurement officers o Establish an autonomous Internal Affairs office (IAO) o Reinforce the Office of the Ombudsman by increasing funding and other support o Improve the state of AFP medical services: Ensure that part of the funding of the AFP Modernization Program should be dedicated to modernize and upgrade medical services Review the geographic distribution of hospitals Study the scheme of hiring of doctors as doctors and compensating them according to their level of expertise and experience and not according to rank o Implement full computerization of data on soldiers and their dependents to facilitate processing of death benefits and other benefits o Provide for increased allocation of funds for the AFP On-Base Housing Program as well as its Off-Base Housing Program o Ensure the strict implementation of existing criteria for the awarding of government quarters to officers and enlisted personnel in the active service Remove negotiable and highly discretionary support from LGUs. reintegrate authority to the PNP Chief to recruit. appoint and promote and discipline the police force without prejudice to an appropriate civilian review system. and remove LGU authority over the internal administration of the police force 101 .
the Arroyo administration claimed that progress has been made in education.440. A.171 102 . environment. these few improved figures are quite outnumbered by the mostly poor marks that the Philippines obtained in many education areas. United States PhP123. It shall include the areas of education. World Bank notes that developing countries spend 20 percent of its national outlay on education. Thailand 22.700 per student. Japan 28. textbooks.169 In 2009. And that the figures pale in comparison to those of other nations is.166 Only 2.53 percent of the Gross Domestic Product (GDP) is set aside for education.170 Year after year. population and publicprivate sector partnership. there is still a shortage of 27. Moreover.7:1. chairs and desks and other educational materials for the large public school population. the fact remains that they are still way below international standards. health.9:1. Education System State of Philippine Education Pointing to a few improved figures in recent years. computers. the education system is mired in the lack of teachers.354.168 The ideal student-to-classroom ratio being used by the Department of Education (DepED) is 45:1.846.200 and Japan PhP293.Democratic Deficits in the Philippines: What is to be Done? III. Malaysia PhP56. The average student-to-classroom ratios in neighboring countries are as follows: Malaysia 31.6:1 and India 40:1. three years after the government began its classroom-building program. a serious sign that Philippine education is lagging behind. in this age of global competitiveness.167 The budget for every student is only PhP6. The following facts and figures depict the state of the Philippine education system: The government allocates only about 12 percent of its national budget to education. Although some performance indicators may have increased in absolute terms. SOCIAL AND ECONOMIC SYSTEMS This chapter will present the democratic deficits in the social and economic systems of the country. Thailand spends an equivalent of PhP47.124 classrooms. UNESCO estimates that 6 percent of a country‘s GDP should be allotted to education.
175 For every 100 children who enter Grade 1.179 9. or with least educated parents. Access of 3-5 year-old children to early childhood education remains at a low 34 percent.176 Of 638 elementary graduates. compute but not comprehend. 44 percent have not mastered English. only 41 percent are high school graduates or higher. For every ten 5-year-old children. write. 84 percent can read.181 1/5 of poor families have children 7-14 years old who never attended school or dropped out early compared to only 1/10 of non-poor families. there are only 8 municipal secondary schools. or from poorest regions. UNESCO reported in 2009 that there were 1.177 Among high school graduates.002.800 children of primary school age who were not enrolled.174 Students spend only 10 years in primary and secondary school. 52 percent have not mastered Math. 65 percent can read. There are not enough public secondary schools to take in the large number of elementary graduates.182 103 .172 There are over a million out-of-primary-school children. Of the 65 who finish elementary. from poorest families. For every 40 village primary schools. Almost two decades after making a commitment to the Education for All (EFA) initiative.173 Many young children do not undergo preschool education due to lack of access and low importance given to early childhood education. or from rural areas. write. only 7 mastered all minimum competencies for elementary level. The Philippines and Mongolia are the only remaining countries worldwide where students spend less than 12 years in primary and secondary education. compute and comprehend.180 More children who do not finish school or fail targeted competencies are boys. 29 percent of elementary graduates are illiterate youths and adults.16 million or 16 percent of the population are functionally illiterate: 98 percent of unschooled.178 Among the 10-64 year-old population. only 42 will graduate from high school. 89 percent can only read and write. 35 percent of elementary drop-outs. only 6 have access to preschool education. and 74 percent have not mastered Science competencies.Democratic Deficits in the Philippines: What is to be Done? Double or sometimes even triple-shifting of classes in public schools has been adopted to address the classroom shortage. only 65 will move on to high school.
Toward this. But the fact that countries such as Tanzania and Zambia.) What is to be done? Much of the problems besetting the Philippine education system have been attributed to lack of funding. regardless of their levels of schooling should acquire the essential competence to be considered functionally literate in their native tongue. BESRA seeks to create an education system that is capable of attaining the EFA goals by 2015. A UN report noted that ―the absence of political leadership in the country contributed to the deterioration of education…. in Filipino or in English. says otherwise. as well as intensive research. The Basic Education Sector Reform Agenda. the education system should be in a much better position than it is now. A product of in-depth discussions and consultations among stakeholders and interest groups. Universal Coverage of Out-of-School Youths and Adults in the Provision of Basic Learning Needs: All persons beyond school-age.Democratic Deficits in the Philippines: What is to be Done? 25 years old or more adults who are poor have 3 years less schooling than non-poor counterparts. This section presents the suggested measures that have been advanced. whose income is only a fourth of that of the Philippines are doing better. 2. and all children aged twelve to 104 . Universal Completion of the Full Cycle of Basic Education Schooling with Satisfactory Achievement Levels by All at Every Grade or Year: All children aged six to eleven should be on track to completing elementary schooling with satisfactory achievement levels at every grade. BESRA sets the following objectives which we support:186 1. Universal School Participation and Elimination of Dropouts and Repetition in First Three Grades: All children aged six should enter school ready to learn and prepared to achieve the required competencies from Grades 1 to 3 instruction. more commonly known as BESRA was drafted in 2006.183 The DepED‘s present mantra of school-based management (SBM) is contradicted by its highly-centralized structure. The government in turn has maintained that despite scarce resources. 3. It proves that with the kind of resources the country has.184 (See Annex N for a detailed discussion of the Major Issues and Challenges in the Philippine Education System.‖185 Various groups have in fact come up with several recommendations to improve the education system. education has continually been given top priority and great efforts have been put out to improve the system.
Democratic Deficits in the Philippines: What is to be Done? fifteen should be on track to completing secondary schooling with similarly satisfactory achievement levels at every year. Promoting academic excellence by developing globally benchmarked standards of excellence. Ensuring universal access to education. 105 . 4. Total Community Commitment to Attainment of Basic Education Competencies for All: Every community should mobilize all its social. Empowering teachers. Increasing the education budget to 4 percent of the gross national product to make it at par with other countries. Developing community ownership of schools. and private sector participation. In order for the basic education sector to achieve the above listed desired educational outcomes for all Filipinos. the BESRA focuses on specific policy actions within five key reform thrusts (KRT) as follows: KRT 1: Get all schools to continuously improve. a coalition of education experts and concerned citizens has come up with the ―10-Point Education Reform Agenda‖ which offers the following ―10 doable things‖ envisioned to reform the education system:187 1. alternative learning systems. 4. cultural. KRT 2: Enable teachers to further enhance their contribution to learning outcomes. KRT 3: Increase social support to attainment of desired learning outcomes. Strengthening higher education. political. Enhancing basic education by adding two more years to it. 2. 3. KRT 4: Improve impact on outcomes from complementary early childhood education. and economic resources and capabilities to support the universal attainment of basic education competencies in Filipino and English. 7. 6. 5. and KRT 5: Change institutional culture of DepED to better support these key reform thrusts. EDUCATION NATION.
Maximizing alternative learning. regional. world-class national center of 106 . Raising the budget for education to at least 20 percent of the national budget and 4. student-teacher ratios. 9. 3. 9. Integrating the Commission on Higher Education (CHEd) and the Technical Education and Skills Development Authority (Tesda) into the Department of Education to ensure unity of educational policies. 5. Trebling the salaries of public school teachers at the basic education level. 7. Increasing the length of pre-university education from 10 to 13 years by adding a compulsory kindergarten and a two-year senior high school. etc. Upgrading the competence of elementary and secondary school teachers by revising their bachelor‘s education and reversing it from one consisting of two-thirds teaching methodology and one-third content to two-thirds content and one-third methodology. provincial and municipal/ city universities and colleges. Adopting a ―National Master Plan for Public Higher Education. provided they meet certain criteria of qualifications and performance. Ensuring conformity by public and private schools at the basic levels to at least the Thai and Malaysian standards in terms of teacher competence. Dr. Building transparency and accountability. 10. Roger Posadas. 6. and doubling those of faculty at state universities and colleges.5 percent of GDP to make it comparable to those of Malaysia and Thailand. Supporting private education. Upgrading all curricula at all levels and in all major to world-class standards in terms of subject requirements. 4. 8. classroom facilities.Democratic Deficits in the Philippines: What is to be Done? 8. faculty competence and educational resources. 2.‖ similar to the California master Plan. in order to establish a rational system of national. computers. Upgrading at least one selected university department in every academic discipline into an honest-to-goodness. a professor from the Technology Management Center of the University of the Philippines suggested that the 10-Point Education Agenda be amended to include the following which we support:188 1. Internet access.
As an organization of highly dispersed parts. These strategies would differ given different realities as in the following: (1) School divisions Small divisions (under 50 public elementary and secondary schools) Medium-size divisions (from 51 to 250 public elementary and secondary schools) Large divisions (from 251 to 750 public elementary and secondary schools) Extra-large divisions (over 750 public elementary and secondary schools) The staffing and organizational pattern of school divisions should vary depending on size. These are simply too large. DepED would be wise not to prescribe a single structure for all cases. The education system must break away from the current government practice of ―one-size-fits all‖. All the indicators show that these are poor performing divisions because Management cannot devote enough time or resources to improve on such situations. unwieldy. To address governance issues in the education system. Overhauling the system of commissioning reviewing and publishing textbooks to avoid the printing and distribution of erroneous books. etc. DepED has to learn to apply different strategies for different schooling contexts. Focus on Education for All goals as the means to keeping policy on track despite frequent changes in leadership. At the same time. 10. Change from “structure before strategy” to “strategy driving structure” The start of governance must be clear outcomes and goals. 11. there should be no extra-large divisions in the country. former DepED Undersecretary Miguel Luis Luz made the following recommendations which we support:189 1.Democratic Deficits in the Philippines: What is to be Done? excellence in terms of research and teaching facilities. doctoral programs. 12. and therefore unmanageable as far as quality results are concerned. The practice of a single division staffing pattern prescribed by the Department of Budget and Management should be thrown out. research productivity. All 107 . Instituting entrepreneurship courses in all tertiary degree programs in order to reorient students from an employment focus to an entrepreneurial mind-set. Upgrading the training of technicians to world-class standards and developing an educational career path for technicians similar to the German system.
Democratic Deficits in the Philippines: What is to be Done? extra-large divisions should be split up into two large divisions. To prescribe a single schooling arrangement and even a single curriculum is to assume that all school settings are equal and similar. this would mean around 30 teachers for a maximum size school. By the same token. In terms of school size. At average class sizes of 40. more manageable school sizes will result in better performance overall measured in EFA terms. where these are ready. elementary schools should be limited in size to no more than 1200 pupils for the six-grade cycle. The Department must be more flexible in allowing for local schools to be differently organized and managed. Thus. at the minimum. it is a recommendation that no high school should have more than 2000 students. 108 . a greater role for local school boards and school governing councils. This entails a faculty of no more than 63-65 teachers. Smaller. A school with a larger teaching complement will have difficulty in terms of management of results given a single principal. (2) Schools Elementary level Large urban central school Small urban primary school (incomplete elementary) Small urban school (complete elementary) Large rural central school Small rural primary school (incomplete elementary) Small rural school (complete elementary) Multi-grade rural school (complete) Multi-grade rural school (incomplete) Madaris school (for Muslim Filipino children) Alternative learning center (for children not able to attend regular schools) Secondary level Large urban school Small urban school HS annex of a mother school Large rural school Small rural school Science high school Technical high school There are as many variants as there are community situations.
should be professionally-regulated. Madrasah schools for the former and alternative learning centers for the latter should be consciously and progressively pursued by DepED. Even small schools could be run by master principals. This is particularly important for Muslim Filipino children and those of indigenous people (IP). Under the current DBM rules. A PRC190 rating could be introduced at two levels: Principal (for ranks I. Other geographic area considerations include: schooling for nomadic or wandering communities and different academic schedules/calendars for farm-based communities. DepED should continue to support this as well as the promotion of local history as a way to keep local children and their parents engaged in formal schooling. Principal rank would not be linked to school size. 109 . V) Under this proposal. The ―mother tongue‖ policy of DepED should be encouraged and promoted at the lower elementary levels as the way by which children learn the basics. (4) Geographic and sociological considerations Language and culture are important attributes of geographic areas. II and III would be subject to a PRC examination that would ensure managerial and pedagogic standards. This would remove the bias by ambitious principals to aspire for large urban central schools and provide small rural schools with the opportunity for qualified principals. Principal positions. entry into the rank of Principal I. Entry to the Master principal rank (Principal IV and V) would be through an advanced licensure exam similar to the second-level examinations given by the PRC (as in the case for master engineers). As such. like teacher positions. Once recognized as a ―principal‖. albeit unknowingly or unwittingly. this DBM rule favors mediocrity. movement from ranks I to III would be based on performance and merit. Principal IV rank (the highest in the service) requires large school sizes and a faculty that may run up to 100 teachers. II and III) Master Principal (for rank IV and a new rank. This runs counter to the global experience that smaller schools perform better in all indicators.Democratic Deficits in the Philippines: What is to be Done? (3) School heads There is need to de-link principal rank from school size.
good or bad. The Magna Carta for Teachers enacted into law in 1966 provides all teachers. For DepED. the Department together with DBM and the Development Budget Coordinating Committee of NEDA can lay out multi-year budget ceilings to guide planning. From budgeting without accountability to outcome-based budgeting A multi-year budget for education will allow for inputs to be matched up against outputs from previous spending. Safeguards would have to be introduced to ensure that corruption in teacher hiring is not repeated twice as far as the individual teacher is concerned. both budgetary and performance. From “security of tenure” to merit-based performance evaluation and rewards Civil service rules provide that a government worker (i. A simple proposal requiring an amendment of law would be to provide for a oneyear probationary period for newly-hired teachers to determine whether or not they possess the qualities of a good teacher worthy of being retained in the system. Focus on standards not standard operating procedures Short term leadership and planning horizons tend to focus on the immediate. This becomes a long-term system problem. the system is stuck with that individual for an average of over 30 years. however. a teacher or administrator) has security of tenure once hired. Consistent with the drive for accountability. this is an incentive. Focusing on standards will have two effects on governance in DepED: 110 . 4. 3. standards. But these reforms are necessary if the system is to be assured that once hired. For a good teacher.e. with security of tenure starting from the date of hiring. a teacher will be an asset rather than a liability in the system. Multi-year budgeting will also allow for DepED to lay out a trajectory towards realizing Education for All targets with a spending plan that is realistic and can be planned and programmed. While DepED budgets will continue to be approved annually by Congress. this can be shifted to outcomes and by extension. of all government agencies including DepED.Democratic Deficits in the Philippines: What is to be Done? 2. With multi-year budgeting. this means procedures and inputs as opposed to outputs. For a poor or under-performing teacher. the DBM has a new framework—Organizational Performance Indicators Framework (OPIF)—which lays out the annual targets.
then no change for good will occur. it will shift the center of gravity from central office to a collaboration between central office and the field (particularly school divisions). But if stakeholders in the system do not begin to start articulating that such politics undermines the quality of education and schooling in the country. supervisors. Considering the ethnic diversity of the Philippines. Once this onerous task is removed from teachers. the national government must be serious about modernizing the election system through automated voting. The long-term and permanent solution to this situation is to take teachers out of election counting. Teachers can continue to man the individual election precincts and schools can still be used as polling stations provided their duties end with the closing of precincts and voting. In order to do this. The governance structure of the Philippine education system is still a long way from this reality. superintendents and even regional directors should be minimized if not eliminated altogether.192 The premise is that more time spent by the student in school with emphasis on effort and hard work will lead to higher educational achievement. it will downplay the importance of short-term leadership and highlight longer-term outcomes as the focus of attention of the bureaucracy. political interest in the hiring of teachers. national or local.Democratic Deficits in the Philippines: What is to be Done? One. decisions on schooling and education matters at the local and national levels should be based on policy considerations and community demand and not on politics. principals.191 The Adopt-a-School Program of the DepED must be widely promoted among the private sector and focus on feeding programs and financial assistance that will address the problem of poor families not having enough means to send their children to school. There is a need to fully implement the BESRA. with some amendments. there is a need to institutionalize a Mother Tongue-Based Multilingual Education in the basic education sector. Focus on policy not politics The Department of Education is a plum political post. The recent pattern of politicians alternating with academicians as secretaries of education reflects this reality. 111 . teachers will be relieved of having to manually count votes. 5. Once eliminated. if not election duty overall. Two. There is also a growing consensus among educators that at least two years of education— one year for basic education and one year for high school—should be added. And this will continue to be the reality for as long as teachers remain in charge of election counting. With automated voting.
Alternatively. 203 to 205 school or instructional days are required per school year which appears to be sufficient when compared to other countries like the United States which has 180 days. although make-up classes are supposedly required for the student to catch up with the lesson plan. there is a need to formulate a new official typology of HEIs that may consist of the following: junior or community colleges. Thus.‖194 In reality. high schools and HEIs so that learning is cumulatively linked and synchronized through the various levels of schooling. some schools implement 2-3 class shifts per school day which results in decreased number of school hours per day for the student. The learning process is further interrupted by typhoons that lead to school day cancellations. as well as the number of school hours per day. China has 221 days. with the lack of public school classrooms in some areas in the Philippines.‖ explains ―You have the time to learn everything that needs to be learned—and you have less time to unlearn it. and research universities. In the Philippines. Industry should be actively involved. in his book ―Outliers: The Story of Success.) As of 2009. particularly in the elementary and high school levels. Japan has 223 days and South Korea has 225 days as of 2003.) 112 . and Australia which has 196 days.197 We hope that all these concerns will be discussed in the agenda of the strengthened Literacy Coordinating Council (See Annex P for complete text of the Act Strengthening the Literacy Coordinating Council or RA 10122. However. Japan reportedly has 243 school days. there must be a feedback system between and among the curricula of elementary schools. the number of school days per year.195 As to higher education. vocational/technical/trade schools or institutes. Another growing consensus among educators is that high schools must be able to produce college-ready graduates. Higher Education Institutions (HEIs) must be able to produce work-ready graduates. the quality of education in the existing ones should be improved. graduate institutions.193 Malcolm Gladwell. undergraduate universities. there is a need to regulate the entry of foreign education institutions into the country in order to set standards for higher education. However. may be increased. Certain universities and colleges or other knowledge centers outside the universities must be able to specialize in research and development or specific fields of professional endeavor based on inputs from business and industry.Democratic Deficits in the Philippines: What is to be Done? We also recommend increasing the number of school days per school year and providing the full school hours per school day for each student.196 In relation to this. and in turn. (See Annex O for Trends in International Mathematics and Science Study [TIMSS] comparison of instructional days in selected countries as of 2003. we support the recommendation of several educators and experts that instead of adding more and more state universities and colleges.
Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?” Increase budget for education and change existing budget policies o Increase the budget for education to make it at par with other countries (20 percent of the national budget or 4-4. 113 . regional. prescribing a single structure for all cases o Build transparency and accountability Enhance basic education o Fully implement the Basic Education Sector Reform Agenda (BESRA) with some amendments. including mother tongue-based multi-lingual education in appropriate areas in the Philippines o Promote the Adopt-a-School Program of the DepED among the private sector. thereby shortening summer vacation o Promote academic excellence by developing globally benchmarked standards of excellence Enhance higher education o Adopt a national master plan in order to establish a new typology of HEIs and a rational system of national. Improve governance of the public school system o Change from ―structure before strategy‖ to ―strategy driving structure‖ o Focus on standards not standard operating procedures o Provide policy continuity o Focus on policy not politics o Break away from current practice of ―one-size-fits-all‖. in order to address the problem of poor families not being able to send their children to school o Ensure universal school participation and eliminate/ reduce dropouts and repeaters o Add two more years to basic education (one additional year for elementary and one additional year for high school) or alternatively lengthen the number of school days and school hours.5 percent of the GDP) o From budgeting without accountability to outcome-based budgeting o From annual budgeting to multi-year budgeting. provincial and municipal/city universities and colleges and the regulation of the entry of foreign education institutions o Upgrade one selected university department in every academic discipline into an honest-to-goodness world-class national center of excellence o Integrate entrepreneurship courses in all tertiary degree programs to reorient students from an employment focus to an entrepreneurial mind-set. allowing for a spending plan that is realistic and can be planned and programmed. focusing on feeding programs and financial assistance.
114 . and children.) The arduous effort to achieve these goals is affected by various issues in the health sector presented in this chapter. disabled. women. the Philippines continues to struggle with many health issues. the Philippines is under pressure to achieve its Millennium Development Goals on Health.Democratic Deficits in the Philippines: What is to be Done? Develop quality of teachers o Revise bachelor‘s education reversing it from 2/3 teaching methodology and 1/3 content to 2/3 content and 1/3 methodology o From ―security of tenure‖ to merit-based performance evaluation and rewards o Treble the salaries of public school teachers at the basic education level. elderly. the poor health outcomes show that there is a need for improvement in the system. Though a number of programs have been launched to address health issues and concerns. Based on current trends. provided they meet certain criteria of qualifications and performance Increase participation of stakeholders o Develop community ownership of schools o Get parents to be more involved Enhance managerial skills of DepED Administrators and School heads and enable them to address local situations and poor outcomes Synchronize the curricula between and among basic education and higher education sectors in order to produce college-ready and work-ready graduates Halt the designation of additional universities and improve the quality of education in existing and universities and colleges. Disparities in Access to and Use of Health Care Section 11 of Article XIII of the 1987 Philippine Constitution states that: The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods. including specializations B. health and other social services available to all the people at affordable cost. There shall be priority for the needs of the under-privileged sick. The State shall endeavor to provide free medical care to paupers. (See Annex for a detailed discussion of RP Millennium Development Goals on Health. Health Like any other third-world country. and double those of faculty at state universities.
for lowest income groups these services are largely inaccessible and unaffordable.Democratic Deficits in the Philippines: What is to be Done? Health is a basic human right guaranteed by the constitution. Disaggregating health status indicators according to income and geographic location. Human resources for health are insufficiently educated. however. local governments and our national social health insurance program has been so low and so weak that it has driven our health system into a debilitating dependence on out-of-pocket payments by patients. have put together the ―Blueprint for Universal Health Care 2010-2015 and Beyond. led by Dr.‖ According to the document. poorly compensated government health workers are unable to influence behaviors of their high earning private sector counterparts within the change-resistant environments of their respective professional organizations. 115 . These gaps are attributed to inequities in access to and use of health care. the disparities in access to and use of health care in the Philippines are the result of the following deficiencies:199 Basic health services as well as tertiary care for the majority of Filipinos are inadequate.198 Table 8 Conventional Health Status Indicators Rich Urban Communities versus Poor Rural Communities Rich Urban Communities Over 80 years Less than 10 Less than 15 Poor Rural Communities Under 60 years Over 90 Over 150 Life Expectancy at Birth Infant and Child Mortality Maternal Mortality Ratio A group of professors and experts. so gross as to constitute a default. former Dean of the UP College of Medicine and former Secretary of Health. inappropriately trained. of public financing for health. Ernesto Domingo. Much of this commercial dominance of our health care system is the result of a failure. inefficient. As a result. former Chancellor of UP Manila. The Philippines‘ health sector is dominated by commercial interests of a segment of the system that is not really about health outcomes but is primarily about bottom-line profits. and incomplete. and poorly motivated to address the health care concerns of most Filipinos in the setting in which they live. and Dr. reveal that there are significant differences in health status. The combined weight of the uncoordinated spending for health by the national government. At least in part due to this. Alberto Romualdez. fragmented. Table 8 presents the disparities in health outcomes among groups.
30 to 40 percent of the same age group was undernourished. This translates to 4 million children who are undernourished. this nutrition gain is considered to be at risk unless proper measures are put into place. owing largely to reductions in national government spending with minimal growth in local government spending. Vitamin A Deficiency (VAD) – Lack of vitamin A that may result to xeropthalmia (dryness of the eye). Although total health care spending in the country amounted to close to P 200 B in 2005. Based on reports in the early 1990s. Protein-Energy Malnutrition (PEM) – A lack of energy and protein which results in growth retardation. and blindness in severe cases. low body resistance to disease. In real terms. 4. is already an improvement. the share of social health insurance 116 .200 The most common malnutrition problems in the country are:201 1. Iron Deficiency Anemia (IDA) – A deficiency in iron wherein hemoglobin concentration is below the normal level which results in short attention span. In addition. telling signs of nutrition problems.Democratic Deficits in the Philippines: What is to be Done? Malnutrition Twenty-five (25) percent of Filipino children under ten years old are underweight or stunted. poor growth. the richest groups are spending more (average of P 23. who do not have pockets to begin with. and stunting of the limbs. 2. But. difficulty in standing or walking normally. more than half of this is accounted for by out-of-pocket spending which is highly regressive for the poor.915). Iodine deficiency Disorders (IDD) – Lack of iodine in the body which results in goiter. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ is made up of health reform strategies to address the following issues and challenges that they identified:202 1. with the rising food prices and incidence of poverty in the country. This high figure however. deaf-mutism. This has penalized the poorer majority of the population. When compared across income groups. Public Spending on Health Public spending on health is so low that it has resulted in an over-dependence on out-of-pocket expenses. reduced ability to learn and irritability. mental retardation. 3. rough dry skin and membranes of nose and throat . over-all government spending in health has been decreasing.815) compared to the poorest (average of P 1. nightblindness (inability to see in dim light) eyes sensitive to bright light.
This fragmented system has to contend with a population that has doubled since the 1980s while total resources allocated for health have not kept pace with this rapid population growth. a country that produces some of the world‘s best doctors. For example. and incomplete. The output of a workforce production system that is de-linked from the actual needs of the Philippine system are health providers for whom service is a lower priority than personal professional advancement. Pricing and marketing of pharmaceuticals and other health care products have distorted national expenditures on these items in such a way that essential. 2. 60% of Filipinos who die do so without the benefit of health professional attention. fragmentation is a main feature of the Philippine health care delivery system from several perspectives: public/private segregation. nurses and other health workers. Moreover. inefficient. ineffective and has not been used as an effective policy instrument. life-saving goods are either too expensive or absent from the market while items of dubious value dominate trade and commerce. For many in the lowest income groups these services are also inaccessible and unaffordable. Organization of Health Services (basic/secondary/tertiary services) Health services at all levels for the majority of Filipinos are inadequate. 3. 4. At the policy level. Human Resources for Health In the Philippines. It suffers from regulatory capture being primarily driven by the interests of the enterprises trading in health care goods. 117 . the investment climate for developing the industrial production of health products and supplies is uncertain. as well as geographic disparities in quality and quantity of services. As a result. a commercial market philosophy pervades all programs of teaching and training institutions—including the best of government-supported agencies such as the University of the Philippines Manila. discontinuities between levels of care. The Philippines‘ health human resource problems are the result of its dysfunctional health workforce structure. As a result. over-specialization. fragmented.Democratic Deficits in the Philippines: What is to be Done? spending remains at a dismal 11% of total health expenditure more than 14 years after the establishment of PhilHealth. Health Regulations (including regulation of pharmaceuticals and other health care goods) The system for health regulations has been chronically weak. there is no evident effort to coordinate workforce production with real health needs. there is no local pharmaceutical industry that can address the need for affordable medicines for the Filipinos.
there are no explicit provisions for community participation. The functions of Centers for Health Development and the role of DOH in local health service development remains unclear and unfocused. In addition. Health Governance (national and local responsibilities) The structure of DOH remains the same as it was in the pre-devolution period. In fact. revenues 118 . Communities tend to be passive recipients of health services rather than active participants in its determination.) It consists of five interrelated health reform areas:204 1. Health Programs The Health Sector Reform Agenda (HSRA) In 1999.Hospital reforms – Provide fiscal and managerial autonomy to government hospitals. Health Information Health information management in the Philippines is at best rudimentary and ministerial. and c) reducing the financial burden on individual families through universal coverage of the National Health Insurance Program (NHIP) . Capability-building on basic health information management is direly needed at all levels of the hierarchy. Although the Local Government Code provides for the establishment of Local Health Boards. 6. The country suffers from lack of leadership and organization. the Department of Health launched the HSRA program which is a comprehensive set of reforms aimed to improve the health sector through: a) expanding effective coverage of national and local public health programs. Most of the existing information programs are not guided by a strategic framework creating disintegrated silos of data. DOH continues to exercise direct supervision and control of nationalized hospitals whose roles and relationships within the health system are not yet clearly defined. especially by the poor. which involves improving the way hospitals are governed and financed so that quality of care is improved. hospital operations are cost efficient. only a few Local Health Boards actually function as a governing body.203 (See Annex R for Specific Health Programs of the DOH.Local health systems development – Promote the development of local health systems where networking among municipal and provincial health facilities are functional and sustained by cooperation and cost sharing among local government units (LGUs) in the catchment area. to personal health services delivered by both public and private providers. Despite a relatively mature communications network. 2. it is not optimally used as a resource. b) increasing access.Democratic Deficits in the Philippines: What is to be Done? 5. but poses greatest strategic value in reforming the health system.
Health regulatory reforms – Strengthen capacities of DOH to exercise its regulatory functions to ensure that health products (particularly pharmaceuticals). and of good quality.Democratic Deficits in the Philippines: What is to be Done? are enhanced and retained. Many times. there are already many laws that are in place as well as many programs that have been launched to address them. as data is scattered. 3. social and economic issues in the country. cohesive and complete data be made available. More importantly. and sustain funding for priority public health programs over a period required to remove them as public health threats. prime importance should be given to creating and managing a database that will aid in the crafting of new laws and programs. Although there are government agencies that are tasked to put them together.Social health insurance reforms – Expand the coverage and enhance the benefit package of NHIP so as to effectively reduce the financial burden to individual families through effective risk pooling.Public health program reforms – Strengthen the capacity of the DOH to exercise technical leadership in disease prevention and control. government programs‘ mandates overlap resulting in the lack of actual figures.) It is important that a thorough and comprehensive analysis and study of these existing laws and programs be conducted so as to get a better picture of what really needs to be done. and provide the NHIP greater leverage to ensure value for money in benefit spending. 5. the information that is put out is more often than not outdated. 4. and facilities are safe. affordable. devices. What is to be done? As is true in many political. it is crucial to determine whether these laws and programs have produced the desired outcomes. enhance the effectiveness of local public health delivery systems. Thus. it is imperative that up-to-date. and dependence on direct budget subsidies are reduced. (See Annex S for list of Philippine Laws Governing Health Care. The following sections are proposals crafted by two groups which are perceived as an answer to almost all major issues in health care in the Philippines which we support. Before any reform is instituted. The ―Blueprint for Universal Health Care 2010-2015 and Beyond‖ recommends the following to address the issues and challenges they identified that was discussed in a previous section:205 119 .
ii.e. and ii. 2. and deployment of the various health professions. Implementing this spending and financing plan shall be divided into two phases: securing buy-in the first three years of the new government in 2010 and implementing financing strategies in the latter half of the six-year term. commission) attached to the Department of Health (initially by executive mandates but eventually through legislation) to unify standards and regulations of the production. b. i. Significant increases in the PhilHealth support value for identified services in the basic package. Integrate and strengthen health workforce regulatory functions under one body (i. Quantum increases in tax-based government spending at both national and local levels to a combined level approximately equal to 5% of total government expenditures (at least 75 billion pesos per annum). for local government units. This can be financed from the present PhilHealth reserves and increasing premiums collection through: i. especially among the poor. practice. will be expanded to include increasingly sophisticated services as further resources for health are identified and allocated over time. These can be achieved by: a. mandatory membership to PhilHealth for residents of the Philippines. Human resources for health Reform approaches (proposals) 1. Increased benefits of the system should be in place first while measures to increase revenues are being worked out.Democratic Deficits in the Philippines: What is to be Done? Health Care Financing Reforms as the key to Universal Health Care Reform approaches (Proposals) 1. and reallocation from non-social service sectors. the development of an initial package of basic health services to be made available to every Filipino given the present resources available to the health system. Financing the health system reforms can be done through multiple funding sources with the goal of significantly reducing out-of-pocket spending especially by those in the poorest income deciles within the next three years. This basic package which should address the most critical health needs of the population in terms of disease burden. mandatory increases in the proportion of IRA to be spent for health. additional tax sources. 120 . National government spending to be financed through borrowing (including re-financing of existing debts).
Update and rationalize practice laws of the different health professions premised on health care being a team effort. 2. The Department of Health should have the responsibility for developing and negotiating terms and conditions for installing such a system with the local government units. Mandate government health workforce teaching and training institutions to tailor production for service to underserved communities either as government (national or local) or civil society professionals 2. including creating an efficiency coordinating mechanism in drug and technology regulation. 121 . Organization of Health Services (basic/secondary/tertiary services) Reform approaches (Proposals) 1. Health Regulations (including regulation of pharmaceuticals and other health care goods) Reform Strategies (Proposals) 1. Strict regulation of marketing and other promotional activities for health products including advertising prohibitions for certain goods.) They should provide integrated health services either directly or through a unified and formalized referral system. 2. Full implementation of the BFAD Strengthening Law based on the principle that health concerns take precedence over business interests. The integration and organization of government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration. other government agencies and local governments to promote compliance with the equity and other objectives of health sector reform. A revisiting of the Local Government Code and its implementation with the view of enabling government facilities to be more integrated. Rationalize the system for health workforce remuneration across the professions to take into account the principles of primary health care. It should define and update the practice of each health profession.Democratic Deficits in the Philippines: What is to be Done? a. Registration and other regulatory requirements for health goods should be re-designed to ensure not only safety and effectiveness of health products but also affordability especially for government agencies. efficient and effective. Further strengthening of other regulatory functions of DOH. 3. (See Annex T for complete text of Alma Ata Declaration. allowing for greater flexibility and cooperation to include continuing education and trainings for these professions.
planning. collect and analyze major health data necessary for implementation of Universal Health Care. including burden of disease. Its envisioned mandate is centered on regulation.Democratic Deficits in the Philippines: What is to be Done? Health governance (national and local responsibilities) Reform approaches (Proposals) 1. This council should also include the private sector. Identify. provincial and municipal. All information concerning the operations of any component of the health system should be available to all stakeholders. actual costs of health services. Create a national health data dictionary available for use by stakeholders. 122 . Transparency should be the norm for all institutions involved in health care. 5. This initiative should be led and facilitated by the DOH with the PhilHealth Information Network as its backbone. including the cross-integration between government and private hospital systems to enable sharing of resources. The council will be mandated to craft a national eHealth masterplan anchored on the principles of primary health care and designed to maximize the use of information technology for health service delivery. Empower citizens as data generators and as information users. 2. rational acquisition and better utilization of technology. historical utilization and budget for health services: national. Create a national council to provide leadership on the design and implementation of eHealth strategies in the country. Health information Reform approaches (Proposals) 1. especially in areas with limited access to public hospital facilities. The DOH is envisioned as the national institution tasked to ensure the implementation of the reforms leading to universal health care. 3. standards setting and supervision of PhilHealth. regional. This includes requiring health providers and facilities to submit mandated health reports electronically using standard formats as well as developing the capacity to analyze routine data [from mandated reports] for decision making [local/program] 4. Community participation at all levels of the management cycle should be strengthened: situational analysis. 3. 2. and guarantee better regulation of hospitals and other health facilities 4. Local health service delivery should be coordinated at the provincial level to ensure more coordinated and responsive local health care system. policy-making. Autonomous and authoritative hospital authority or hospital boards should be established. implementation and monitoring and evaluation of health programs.
Need to urgently address limited access to essential public health services including but not limited to family planning. During the Philippine Development Forum in 8 March 2005. Strengthen health research through the establishment of the Philippine National Health Research System (PNHRS).208 Need for policy makers and LGU209 partners commitment toward full provision of HHR210 benefits provided by law (Magna Carta for Health Workers) Need to improve access to public health commodities including but not limited to contraceptives. micronutrient supplements and essential drugs by strengthening sourcing strategies. Need to strengthen health promotion strategy by o Sin Taxes Implementing Rules and Regulations o Capacitate LGU to behavior change 123 . there is need for a comprehensive multisectoral strategy for child and mother. Gap of PhP2 billion for field level surveillance for Avian and Human Influenza. Stronger research should inform all stakeholders. The paper identified the gaps and weaknesses in health care and gave the following recommendations:206 On Nutrition. Need for immediate approval of the amendment of the IRR of EO 51207. wholesaling and distribution strategies and retailing strategies. Need to link the HSEF211 with the medium term expenditure framework of the rest of the social sector agencies. Better partnerships with civil society and private sector in pursuit to the overall harmonization to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. Need to continually address HIV/AIDS – as ‗hidden but growing‘ specifically because zero positivity has increased among IDUs212 and commercial sex workers. including the community. the Joint Health Sector Sub Working Group prepared a paper that was presented by then DOH Secretary Manuel Dayrit. tetanus toxoid immunization. and condom use for the prevention of HIV/AIDS and STD.Democratic Deficits in the Philippines: What is to be Done? 6.
Proposal to commit to the benchmark/measurements. Proposed support for 70/30 on granting to LGU. Integrate and strengthen health workforce regulatory functions under one body to unify standards and regulations of the production. and harnessing community participation at all levels of the management cycle 124 .Democratic Deficits in the Philippines: What is to be Done? Get PHIC213 commitment to expanding benefit package for the poor and improving payment mechanism from PHIC. mandatory increases in the proportion of IRA to be spent for health. o Increase PhilHealth support value for identified services in the basic package. improving provincial-level coordination of local health service delivery. Recap of “What is to be done?” Reduce out-of-pocket spending on health by financing health reforms through multiplefunding sources o National government spending to be financed through borrowing (including refinancing of existing debts). practice. and reallocation from non-social service sectors o For local government units. Organize health services (basic/secondary/tertiary) by revisiting the Local Government Code and its implementation. Update and rationalize practice laws of the different health professions premised on health care being a team effort. and integrating and organizing government facilities in accordance with the principles of primary health care based on an updated version of the Alma Ata Declaration Review and Strengthen Health Regulations (including regulation of pharmaceuticals and other health care goods) Improve health governance through DOH as lead institution in implementing reforms leading to universal health care. This can be financed from the present PhilHealth reserves and increasing premiums collection. establishing autonomous and authoritative hospital authority or hospital boards. and deployment of the various health professions. additional tax sources.
and condom use for the prevention of HIV/AIDS and STD Improve access to public health commodities including but not limited to contraceptives. Civil and political rights (e. Ecological and environmental human rights belong to the third ―generation‖ of human rights. environmental protection and other environmental matters are presently being addressed through human rights. but a classification that has become popular is what is referred to as ―generations‖ of human rights. tetanus toxoid immunization. rights to health. the Stockholm Declaration "does not actually proclaim a right to the environment.g. Various classifications of rights exist.) 125 . education.. institute a comprehensive multi-sectoral strategy for child and mother Increase access to essential public health services including but not limited to family planning.216 (See Annex U for the 1972 Stockholm Convention. in an environment of a quality that permits a life of dignity and well-being…‖215 However. apparently. and ecological and environmental human rights are ―third generation‖ rights. equality and adequate conditions of life. social and cultural rights (e.214 The 1972 Stockholm Declaration on the Human Environment recognized the link between human rights and environmental protection stating that ―[m]an has the fundamental right to freedom. rights to life. but implies that the exercise of other human rights indispensably requires basic environmental health". work) are ―second generation‖ rights.Democratic Deficits in the Philippines: What is to be Done? Manage and organize health information to maximize its value in reforming the health system On nutrition. micronutrient supplements and essential drugs by strengthening sourcing strategies.g. C. while economic.. privacy) are ―first generation‖ rights. liberty. wholesaling and distribution strategies and retailing strategies Link the Health Sector Expenditure Framework with the medium-term expenditure framework of the rest of the social sector agencies Continually address HIV/AIDS—as ‗hidden but growing‘ specifically because zero positivity has increased among injecting drug users and commercial sex workers Promote partnerships with civil society and private sector to ensure full blown implementation of health sector reforms in pursuit of the overall harmonization effort. Environment Human Rights and the Environment The issue of environmental degradation.
• development projects and activities undertaken through a process that respects human rights (including rights of participation and inclusion) are invariably environmentally-friendly as well. certain large-scale dam-building and infrastructure projects). a Draft Declaration of Principles on Human Rights and the Environment was produced by a group of experts on human rights and international environmental law which was featured in the report of the Special Rapporteur on Human Rights and the Environment. are usually accompanied by heavy environmental costs as well (e.g. are indeed important. transparency. and their national counterparts. • development projects and activities which consciously strive to protect and rehabilitate the environment.Democratic Deficits in the Philippines: What is to be Done? The creation of new environmental rights is warranted by the following: • development projects and activities which consciously or wantonly degrade the environment. national governments and international organizations. • development project and activities undertaken through a process that violates rights of participation. which are also contained in existing international human rights instruments… The Draft Declaration has the potential to make significant contributions to protecting human rights and the environment by advancing a standard-setting process. binding international legal instrument which would elaborate environmental human rights. are usually accompanied by human rights denials and violations as well (e. But even in the absence of such an international legal instrument.g. The Draft Declaration represents a restatement and codification of principles already contained in national and international legal systems. do not function solely through formal international procedures. by raising awareness of the public. The value of the Declaration lies in its use as a reference point for national and international systems and as a vehicle for the development of a formal. and accountability. although such procedures. 126 . create an enabling environment in which human beings can lead secure and creative lives-thus promoting realization of all human rights. unsustainable exploitation of the tropical rain forests). like all human rights. the Draft Declaration can serve as the focal point for the development of institutions and procedure to enhance protection of the rights contained therein. It is the most important prominent international instrument in the standard-setting process for environmental human rights and reflects the progression towards international recognition of a right to environment. environmental human rights.218 According to a scholar: The Draft Declaration presents a comprehensive restatement of the essential components of environmental human rights.217 In 1994.. by advancing the process of creation of implementing monitoring and redress mechanisms. and by facilitating the mobilization of public pressure for the protection and promotion of human rights and the environment. After all.
220 To sum up.221 Experience has shown that conflict. water. national courts have used the Draft Declaration as a basis for decisions on environment matters and have found legal support in the Draft Declaration in deciding in favour for the protection of the fundamental right to a healthy environment. fish and water." According to Stand Up for Your Rights. For instance. Right to a clean and safe environment 2. Right to act to protect the environment 3. results when resource users compete for declining supplies of resources such as forests. discussion and action on the Draft Declaration will help promote and protect human rights and the environment through recognition. Resource degradation and over-exploitation is a phenomenon that adversely affects the poor who may be displaced by competition for vital resources such as falling water tables as a result of the action of other water users. implementation and enforcement of environmental human rights. 127 . and that governments often fight wars over national interests such as oil and water.Democratic Deficits in the Philippines: What is to be Done? The principles in the Draft Declaration do address the key issues implicated in the interrelationships between human rights and the environment. and to access to environmental justice A discussion of each of these rights in the Philippine context as they are affected by human actions is on order. to participate in environmental decision-making. which is often violent. ―The principles set out in the Draft Declaration reflect and build upon the rights found in both national and international law. environmental human rights cover three broad areas which will be discussed in more detail in relation to the experience of the Philippines: 1. Right to a clean and safe environment Scientists today increasingly recognize that crops. Although this instrument is non-binding legally. The collapse of regional fish stocks may be triggered by the loss of habitat essential to the life cycle of commercial fish species. Right to information.‖219 A scholar‘s annotation of the Declaration is found in Annex V which helps underscore the legal foundations of environmental human rights. The Draft Declaration consists of a Preamble and some 27 Principles set out in five "parts. Various scholars have found that states with valuable natural resources are four times more likely to experience intra. cutting forests or clearing new lands for farming in the headwaters of a watershed can have a negative impact on water flow and water quality downstream. forests. Widespread dissemination. soils. and people are a complex life community—all ecologically linked and should therefore be viewed as an integrated whole.and inter-state conflicts than countries that do not have comparable resource assets.
Civil strife (including insurgency. threats to biodiversity. Ethnic clashes arising from population migration and deepened social cleavages due to environmental scarcity 3. then DENR Secretary Lito Atienza explained that ―The structures on the lake and the water lilies obstructed the free flow of water to the China Sea.e. instead it flowed to nearby communities. logging or dam construction 2.‖225 128 .224 The massive flooding caused by tropical storm ―Ondoy‖ in Metro Manila in September 2009 is being attributed by the government to climate change with the downpour of a month‘s equivalent of rain in just six hours. The Laguna de Bay. conflicts between the developed and developing worlds) over mitigation of. typhoons. and compensation for global environmental problems like global warming. According to the Global Facility for Disaster Reduction and Recovery. The Philippines is considered one of the most disaster-prone countries in the world considering that it lies on the western rim of the pacific and along the circum-pacific seismic belt. Pasig River. and as a result 74 percent of its population is vulnerable. floods. and coups d‘état) caused by environmental scarcity that affects economic productivity and. adaptation to. Disputes arising directly from local environmental degradation caused. these are: 1. people‘s livelihoods. for example. ozone depletion. and Manila Bay weren‘t able to absorb the huge volume of rainfall.Democratic Deficits in the Philippines: What is to be Done? especially when the loss of these natural resources threatens the livelihood of communities. at least 60 percent of the total land area of the country is exposed to multiple hazards. environmental scarcity could plausibly produce five general types of violent conflict affecting these countries moving from the most local to the most global type. for instance. in turn. by factory emissions. North-South conflicts (i. volcanic eruptions. In addition. banditry. where there is a prevalence of storms. Scarcity-induced interstate war over. earthquakes. there is a need for research-based solutions that reflect a commitment to the avoidance of potential conflicts over the use of resources that will adversely affect the poor and marginalized. Indicators of Environmental Degradation The country‘s supposed natural sources of economic wealth are rapidly being depleted or destroyed due to man-made and natural causes threatening the right of Filipinos to a clean and safe environment. water 5. droughts and other natural hazards. and the ability of states to meet these changing demands 4.222 According to a scholar: During coming decades. the behavior of elite groups. and decreases in fishstocks223 Thus.
4 Cambodia 15 1. Ecuador 15. Japan 19. Bangladesh 26.0 Source: EM-DAT : The OFDA /CRED International Disaster Database www. Solomon Islands Source: World Bank 226 Examining comparative country data.4 Myanmar 21 2.Democratic Deficits in the Philippines: What is to be Done? Based on the World Bank‘s Natural Disaster Hotspot list of countries most exposed to multiple hazards the Philippines ranks 8th with 268 recorded disaster events over the last three decades. South Africa 17. Vanuatu 7. embat. Kitts and Nevis 2. Table 10 Total Number of Disasters in Southeast Asia 1990–2009* Country Number Sample % Timor-Leste 2 0. (See Table 9) Table 9 Countries Most Exposed To Natural Hazards From Multiple Hazards 1.4 Total 807 100. Philippines 9. Hong Kong. 129 .4 Thailand 89 11. China 4.9 East Timor 19 2.6 Lao PDR 22 2. Guatemala 12.0 Vietnam 124 15.be – Université Catholique Louvain – Brussels – Belgium. Somalia 16. *as of data generated on April 2009.6 Philippines 237 29.7 Malaysia 52 6.2 Singapore 3 0. St. Costa Rica 8. Macau.4 Indonesia 223 27. China 6. almost 30 percent of the disasters that occurred in Southeast Asia for the period 1990-2009 (Table 10) occurred in the Philippines indicating that the country is in the ―path‖ of disasters. Nepal 10.
The accelerated loss of soil has several adverse impacts. Soil erosion has become prevalent: Population pressure is stimulating cultivation of fragile upland areas.000 in Ormoc in 1991 woke up many others. Twenty‑two volcanoes are active. Flooding and landslides have reportedly been aggravated by excessive logging and cultivation of upland areas. Improper land use in the uplands is reducing top soil layers. disasters serve as a wake up call: The great flood that killed over 4. it reduces soil fertility and crop yields (the loss of one centimetre can lower yields of corn by almost 100 kg per hectare). Agricultural yields in lowland areas are stagnating. For the farmer. and are concentrated in two forested regions: northern Mindanao and northeastern Luzon. they also take lives. there are many other forces at work that have adversely affected Philippine forests.230 However. These natural disasters damage crops and properties. Gradually.228 An economist has asserted that the country‘s high population growth rate together with weak urban planning. about 20–30 typhoons hit the country yearly. timber licenses have been phased out or cancelled. bridge waterways. While environmental groups lobbied for a commercial ban. policy makers imposed a series of restrictions on the timber industry that slowed down the treecutting. between June and November.Democratic Deficits in the Philippines: What is to be Done? The Asian Development Bank notes the Philippines vulnerability to natural disasters: The Philippines is vulnerable to natural disasters. A 1989 ban on lumber exports was followed by the outlawing in 1991 of logging in virgin forests.‖229 Often. A journalist observes: 130 . with 21% of agricultural lands and 36% of non-agricultural lands throughout the country assessed as moderately or severely eroded. and esteros (urban waterways).227 These natural disasters have resulted in high death tolls and extraordinary damage to property and the environment. by mid-1997. In 1992. increasingly beset by salinization and water logging. and there have been several destructive eruptions in recent times. 140 of these licenses existed. only 21 remained. In addition. He said that ―The consequence of unabated migration to urban areas is haphazard human settlement. causing further soil erosion. Sedimentation in coastal areas due to unsustainable land use in upland areas continues to be a severe threat to coastal eco-systems. degradation of forests. like riverbanks. primarily volcanic eruptions and typhoons. Expanding inappropriate fertilizer and pesticide use foster nutrient imbalances and groundwater contamination. Too many people are staying in areas that should not be a place for settlement. poor disaster-preparedness and weather forecasting systems have made the environment problem worse.
but have been caught logging instead. Amphibian endemism is also unusually high and boosts unique species like the panther flying frog.Democratic Deficits in the Philippines: What is to be Done? But as the licensed commercial loggers fade from the scene. the forests are also being cleared for farming needs and for developments to accommodate the nations growing population. Historically logged for timber products. in its entirety. freshwater and marine ecosystems has resulted in an unprecedented biodiversity crisis such that coastal and marine resources are being degraded. Smugglers entice poor residents to cut and deliver rare hardwoods for illegal sawmill operations. today. About 14 percent of the original vegetation remains as secondary growth in various stages of degradation. this declined to 70 percent. Migrant settlers have moved into the uplands in large numbers.234 According to Conservational International. both a hotspot and a megadiversity country. only about seven percent of the country‘s ―original. the Visayan wrinkled hornbill. a rampant practice even in so-called protected areas like the Palanan wilderness. displacing indigenous occupants and introducing harmful farming practices.231 The destruction of the original forests. the Philippine cockatoo. … The country is one of the few nations that is. Tree plantation companies and even avowedly non-profit organizations have gained access to public land with promises of reforestation.000 plant species and many birds species such as the Cebu flowerpecker. The Philippines is also one of the most endangered areas. and the enormous Philippine eagle. This includes over 6.233 In 1978. closed-canopy forest‖ is left while ―a mere three percent is estimated to remain in the lowland regions. forest lands composed about 56 percent (16. It has been estimated that forest cover in the Philippines in 1575 was almost 92 percent of the country‘s total land area.237 131 .232 By the 1900s. placing it among the top priority hotspots for global conservation.‖235 (See Table 11) The Philippines is considered by Conservation International as one of the 34 biodiversity hotspots236 in the world (See also Table 12): Many endemic species are confined to forest fragments that cover only 7 percent of the original extent of the hotspot. other forces are rushing into the uplands vacuum. these areas would probably be capable of regeneration if they are not disturbed further.93 million hectares) of the total land area of 30 million hectares. old-growth.
saltwater intrusion pipe leaks and illegal connections.253 167 535 237 89 281 240 Endemic Species 6.060 †Recorded extinctions since 1500.404 18.091 56 47 48 2 273 32.8 Source: Conservation International Air pollution. and 132 . It has been assessed that: As of 2008.803 6. roughly 30 million people throughout the country do not have access to potable water through water supply and distribution operations.091 102 186 160 76 67 Percent Endemism 65. Source: Conservation International238 Table 12 Diversity and Endemism239 (Philippines) Taxonomic Group Plants Mammals Birds Reptiles Amphibians Freshwater Fishes Species 9.Democratic Deficits in the Philippines: What is to be Done? Table 11 Vital Signs (Philippines) Hotspot Original Extent (km 2) Hotspot Vegetation Remaining (km ) Endemic Plant Species Endemic Threatened Birds Endemic Threatened Mammals Endemic Threatened Amphibians Extinct Species† Human Population Density (people/km 2 ) Area Protected (km 2) Area Protected (km ) in Categories IIV* 2 2 297.8 61. wasteful and inefficient use of water.8 67.5 85. contamination of water and lack of effective solid waste management continue to be among the urgent concerns in urban centers.179 20. Access to clean water is becoming a recurrent seasonal problem in many areas. Water demand nationwide is expected to grow from 43 million cubic meters per year in 2000 to 88 million cubic meters by the year by 2025. Water pollution. *Categories I-IV afford higher levels of protection.4 23.1 34.
it is becoming more difficult to provide basic water supply services. although Philippine waters are said to still contain a wealth of undiscovered benefits. a move that would further marginalize the country‘s millions of fisherfolk. a Filipino scientist working in the United States reported that the huge array of toxins from about 500 species of Philippine cone snails could hold the key to developing a new generation of anti-pain drugs. Mangroves have continued to suffer from coastal development.242 133 . The booming trade in live fish in Hong Kong and southern China has led to the widespread use of cyanide to catch food fish alive and has depleted local waters of prime species of reproductive age. In 1996. especially to coral reefs. so have their needs for construction materials and living space. Overfishing worldwide has driven big foreign boats even into the Philippines‘ lightly guarded municipal waters. notably at the hands of the aquaculture industry. Dynamite and cyanide fishing. Excavation. The impact on fisherfolk‘s livelihood has been disastrous. With such threats and with growing population. … In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. where they poach fish that would otherwise go to the local market. especially in coastal villages. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. As populations have increased.241 The ability of the major ecosystems to provide and maintain a regular stream of economic goods and ecological services has been adversely affected due to unregulated utilization resulting in declining stocks and reduced coverage and quality. 25% of Philippine watersheds are not performing at optimal levels due to different levels of degradation. Declining catch has been accompanied by increasingly smaller fish. According to 2008 figures. mangroves. Large-scale commercial fishers have been pushing a bill through Congress that would legalize the incursion of heavy vessels into municipal waters. A journalist notes how Philippine waters have been subjected to pillage: The story of our seas is no less devastating. Yet these and other bounties from our seas are threatened by the underwater catastrophe visited on the country‘s coral reefs.Democratic Deficits in the Philippines: What is to be Done? continued denudation of forest cover particularly in the watersheds are the main strains to water resources. and seagrasses. dredging. trawling and other destructive methods have left only five percent of our reefs in excellent condition.
Minita Chico-Nazario and Cancio-Garcia. and coastal conversion to accommodate coastal development have seen corals being extracted for reclamation and construction. Alicia Austria-Martinez. A non-government organization observes: On December 1. six Asia-Pacific nations including the Philippines signed the Coral Triangle Initiative (CTI) on Coral Reefs. The Justices who dissented are Ynares-Santiago. declaring that the Philippine Mining Act of 1995. Azcuna abstained. Dante Tinga. As populations have increased. Renato Corona. The Court voted 10 to 4 with one abstention. especially to coral reefs. notably at the hands of the aquaculture industry. and small island ecosystems within the Coral Triangle region through accelerated and collaborative action. Fisheries and Food Security ―to address threats to the marine.‖246 The ruling of the Supreme Court of the Philippines on the constitutionality of the Philippine Mining Act is significant. mangroves. Morales and Callejo. taking into consideration multi-stakeholder participation in all of our six countries. Mangroves have continued to suffer from coastal development. its Implementing Rules and Regulations and the Financial and Technical Assistance Agreement (FTAA) entered into by the government and Western Mining Corporation as constitutional.‖ The CTI Regional Plan of Action was also adopted ―in an effort to conserve and sustainably manage coastal and marine resources within the CT region while taking into consideration the laws and policies of each country. Such uses include the designation of industrial zones and residential subdivisions which have not only decreased the area for agricultural production but have also resulted in the decrease in the number of agricultural workers who have shifted to nonagricultural occupations. especially the establishment of nickel projects that ―might be particularly active in 2010 as recovering prices of the metal signal good margins for miners. Carpio. coastal. 134 . Excavation. Leonardo Quisumbing. and sea-grasses. 2004.‖244 On the other hand. especially in coastal villages. Angelina Sandoval-Gutierrez. the Supreme Court reversed its decision in the La Bugal mining case. dredging.Democratic Deficits in the Philippines: What is to be Done? The Philippine coastal and marine environment has become a venue for competition for space: In recent years coastal zone development has been particularly damaging to the Philippines‘ marine environment. The Philippines is considered a mineral-rich country and the Philippine government‘s policy to ―revitalize the Philippine mining industry‖245 has sparked renewed interest by large mining corporations in ―mineralized areas‖ in the country.243 Recently. The Justices who voted in favor of the reversal are Chief Justice Hilario Davide and Justices Reynato Puno. vast tracts of productive agricultural land have been and continue to be converted to non-agricultural use. so have their needs for construction materials and living space.
The stewardship role of indigenous peoples is vital to humankind in the face of the challenge of climate change. 2004 decision. many groups are condemning the decision saying that the Court has allowed "the rape of our land and our natural resources. indigenous peoples. A scholar notes that: …NGOs fulfill an enormously important function in the application and enforcement of international environmental legal standards. endanger the country's rich biodiversity and sources of potable water. environmental groups.249 One sector that clearly has been affected by environmental issues and also has the potential to become a major actor in the resolution of those environmental issues is the indigenous peoples of the Philippines. the Court ruled that some provisions of the Mining Law and the FTAA in question were invalid and unconstitutional. In Mindanao. The government and the mining industry has not answered to the "minerals curse" argument wherein studies showed that countries relying on natural mineral exports are bottom dwellers in terms of economic growth. Most significant among their activities. 5 Justices who voted in favor of declaring the Mining Act. the communities will not reap part of the speculated potential value of precious metal computed by the mining consultants and industry.247 A journalist notes that ―Only the Marcopper disaster in March 1996 and the resulting public outcry have delayed the exploration permits of some of the biggest mining companies in the world. The December 1 decision caused outrage from different communities. now voted to uphold their legality. With 100% foreign ownership allowed and all the fiscal incentives bestowed on the foreign investor. policy advocacy and the appraisal of failure or success of policies in the light of avowed public policy objectives.‖248 Right to act to protect the environment Communities and their citizens have become active in protecting the environment with the formation and active involvement of peoples‘ organizations and various local and international non-government organizations (NGOs) in environmental issues. They have become involved in the gathering and dissemination of environmental information. In a dramatic reversal. is monitoring states‘ compliance with international environmental obligations." They pointed out that large-scale mining operations strip large areas of vegetation. dislocate peoples.Democratic Deficits in the Philippines: What is to be Done? It may be recalled that in its January 27. the need to preserve bio-cultural diversity and the inevitability of creating a favorable environment for economic opportunities 135 . its implementing rules and regulations and the FTAA of Western Mining Corporation as unconstitutional.
764. The life of the tribe depends on the ancestral land. an outside entity can dictate the manner of utilization of natural resources within the ancestral domain for 25 years.205. self-governance and empowerment. a community can only get around 1 percent to 5 percent of revenue share which is not sustainable for the community. Of particular significance are the CADTs issued to Clark. there has been a thrust within the National Commission on Indigenous Peoples (NCIP) to push for the exercise of priority rights rather than the FPIC mechanism because the FPIC mechanism is now being regarded as a subversion of the right to selfdetermination.758.827. by exercising their priority rights.27 hectares. It aims to address needs of the country‘s indigenous peoples with its 110 ethno linguistic groupings that comprise approximately 17 percent of the Philippine population. Furthermore.585. It should be noted. Another mechanism that aims to safeguard indigenous peoples from illegal and undesired intrusions or incursions by ―outsiders‖ is the Free and Prior Informed Consent (FPIC) mechanism.762.210.810. (See Annex W for complete text of Indigenous Peoples Rights Act.9 hectares. In addition. Under the FPIC mechanism. to protect the rights of indigenous peoples to their ancestral domains. The 12-year-old Indigenous Peoples Rights Act (IPRA) of 1997250 which mandates the protection of the rights of indigenous peoples in the Philippines is said to be the only ―one of its kind‖ in Southeast Asia. indigenous cultural communities (ICCs) retain their right over the utilization of their natural resources. and social justice and human rights. The total area of approved CADTs and CALTs since 1997 is 4.) IPRA guarantees the right of indigenous peoples to their ancestral lands through the exercise of priority rights. there are about 513 CALTs in the pipeline approximately covering a total of 12. There are still 95 CADTs in the pipeline covering 1. all large-scale mining companies are located within ancestral lands.9 hectares. however. According to the NCIP. The Act commits the Philippines inter alia.252 136 . that several mining companies implemented projects in some ancestral land areas before the passage of the IPRA and the FPIC mechanism was not in place at the time. According to the NCIP.Democratic Deficits in the Philippines: What is to be Done? where indigenous peoples are considered to be the core movers of development in their own ancestral domains and lands. 2010.004. 2009 and 2010 as of January 31. the NCIP approved a total of 168 Certificates of Ancestral Domain Titles (CADTs) and Certificates of Ancestral Land Titles (CALTs) covering 3. their culture.7 hectares which is more than double the output of the previous 10 years from 1997 to 2007 which covered 1.251 The NCIP has prioritized the delineation and titling of ancestral domains because the indigenous peoples‘ struggle revolves around the right to ancestral domains. For the years 2008.16 hectares. Subic. However. Calauit and Diwalwal where the NCIP has been able to secure a decent share of the revenues for the ICCs concerned.
illustrates the impact of climate change: …climate change will have wide-ranging effects on the environment.g. In the national inventory of GHG emissions.254 The Intergovernmental Panel on Climate Change (IPCC) predicts the impact on Asia of future climate changes: By the 2050s. Melting of glaciers can cause flooding and soil erosion. agriculture and food security. industrialisation and economic development. Climate change is projected to compound the pressures on natural resources and the environment associated with rapid urbanisation. human health. access to justice and to participate in environmental decision-making becomes highly significant. coupled with institutionalization and links among government agencies involved in the inventory. Secretariat. and to access to environmental justice Climate change is an area where the right to information.Democratic Deficits in the Philippines: What is to be Done? Right to information. use of renewable resources in power production). Rising temperatures will cause shifts in crop growing seasons which affects food security and changes in the distribution of disease vectors/carrier putting more people at risk from diseases such as malaria and dengue fever. Another important issue is the affordability and availability of GHG mitigation technologies (e.. Changes in rainfall pattern are likely to lead to severe water shortages and/or flooding. freshwater availability in Central. South. especially heavily populated megadelta regions in South. East and South-East Asia. will be at greatest risk due to increased flooding from the sea and. is projected to decrease. in some megadeltas. the availability.253 The Asian Development Bank has noted how it has been difficult for the Philippines to fulfill its commitments under the UNFCCC: Many factors make it difficult for the Philippines to fulfill its UNFCCC commitments. including water resources. flooding from the rivers. and variability of activity data and local emission factors. East and South-East Asia. and on socio-economic and related sectors. reliability. terrestrial ecosystems and biodiversity and coastal zones. particularly in large river basins. The report of the United Nations Framework Convention on Climate Change (UNFCCC). to participate in environmental decision-making. are still major concerns. Coastal areas. The country needs help in overcoming market barriers to the widespread use of renewable resources. 137 .
under a global ―business-as-usual‖ scenario for CO2 emissions. Basilan. Capiz. Sea water would cover at least 703 of 1.259 As mentioned earlier. while more rain will inundate the eastern side of the country (Quezon. Zamboanga del Norte.): Identification and characterization of all airsheds in the country and establishment of multi-sectoral AQM Boards260 for each airshed 138 . Several initiatives have been undertaken by the Philippine government to boost efforts to mitigate the anticipated effects of climate change. the temperature increase in the Philippines could be as much as 2. Rising sea levels are also of course a matter of grave concern. In compliance with its commitments to the Kyoto Protocol.258 It is also listed among the 46 countries with high risk of violent conflict as a consequence of climate change. Increasing temperatures are already causing irregular monsoons and may also be responsible for the higher recurrence of extreme weather events such as ―super typhoons. and Maguindanao. Masbate. Samar. Northern Samar. Droughts will make the western side of the country drier (including the Metro Manila area). Scientists have warned that the Philippines could experience famine by 2020. Negros Occidental. the top 20 provinces in the country which are vulnerable to a one-meter rise in sea level are the following: Sulu.257 Climate change is expected aggravate socio-economic burdens such as hunger and water scarcity which could further increase the already huge disparity in the living standards between the rich and the poor.610 towns and inundate almost 700 million square meters of land across the country by 2095-2100. According to the report. the Clean Air Act became law in June 1999 with the following key features (See Annex X for complete text of the Kyoto Protocol and Annex Y for complete text of the Clean Air Act. Camarines Sur. Quezon. Tawi-Tawi.4° Celsius by 2080. Samar. South and South-East Asia due to projected changes in the hydrological cycle.Democratic Deficits in the Philippines: What is to be Done? Endemic morbidity and mortality due to diarrheal disease primarily associated with floods and droughts are expected to rise in East. Vulnerability is greatest among the poor. Zamboanga Sibugay. the European Commission reports that: The Philippines is particularly vulnerable to the impacts of climate change. June 2009 Update on the Philippines.‖ According to the studies available. Cebu. of the Philippines are vulnerable to a one meter rise in sea level. Bohol. particularly 64 out of 81 provinces. Davao del Norte. Camarines Norte. Palawan. Catanduanes. Zamboanga del Sur.255 In its. Leyte). environmental degradation may affect accessibility to resources which could be a potential source of conflict among communities or groups competing for the use of resources.256 The international environmental group Greenpeace described the Philippines in one of its studies as a ―climate hotspot‖ where 15 of the 16 regions.
(See Annex ZA for complete text of the Climate Change Act of 2009) There are also several science and technology (S&T) mitigation measures being pursued by the Department of Science and Technology (DOST) including Research and Development on biofuel that involves feedstocks. created the Climate Change Commission chaired by the President of the Republic of the Philippines. especially on the most vulnerable sectors or areas such as water.) In February 2007. 139 . passed by Congress in September 2009.264 The Renewable Energy Act of 2008 was signed on December 16. processing and vehicle-testing. cleaner fuels261 On January 17. President Arroyo issued Administrative Order 171 creating a Presidential Task Force on Climate Change (PTFCC) mandated to conduct rapid assessment on the impact of climate change in the Philippine setting. (See Annex Z for complete text of the Biofuels Act. 2008 to mitigate the problem of global climate change through the promotion of renewable forms of energy and make the Philippines 60 percent energy self-sufficient by 2010. The Department of Energy is also implementing a project on renewable energy at the—Capacity Building to Remove Barriers to Renewable Energy Development (CBRED)—jointly with the UN Development Program (UNDP) and Global Environment Facility (GEF).265 The Climate Change Act of 2009. terrestrial and marine ecosystems. Adaptation and Communication. and a fund to be earmarked for air quality management activities Imposition of air quality management charges Improvement in quality of gasoline and diesel and promotion of alternative. The PTFCC is also mandated to ensure strict compliance with air emission standards and combat deforestation and environmental degradation. which contains the task force‘s ―preliminary substantive program elements. However. in partnership with non-government organizations. agriculture. 2007. 262 In October 2008. which provided for the mandatory use of biofuels and incentives for such use believed to help lessen emission of greenhouse gases (GHGs) that greatly contributes to global warming. President Arroyo signed into law the Biofuels Act of 2006 (Republic Act No. 9637).‖263 Department of Environment and Natural Resources (DENR) Special Order 2007653 was subsequently issued creating the Advisory Council on Climate Change Mitigation. the PTFCC came up with the Philippine Climate Change Response Action Plan (PCCRAP). this target has been affected by issues related to financing and supply of products and equipment harnessing renewable energy.Democratic Deficits in the Philippines: What is to be Done? Development of a national air quality management framework. coastal areas.
a more liberalized framework could reinforce judicial interpretation. 101083. G. on legal standing and establishment of a cause of action. Appreciation of highly technical and scientific evidence presented by experts is still limited and requires training and orientation on the part of judges. The children asserted their right to a balanced and healthful ecology under Article 2. however. the Supreme Court designated 117 municipal and regional trial courts across the country as environmental courts. including promoting environmental advocacy before judicial and quasi-judicial bodies. the Philippines is moving toward a more environmentally-responsive judiciary. in recent years.Democratic Deficits in the Philippines: What is to be Done? The right to access to environmental justice has taken on an interesting direction in the Philippines: In 1993. on the legal standing of minors to sue in an environmental case. Together with the planned capacity building of judges within these benches. Factoran. the Philippine Supreme Court considered options and defined strategies to address the challenges of environmental adjudication. ―the right to a balanced and healthful ecology…belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation – the advancement of which may even be said to predate all governments and constitutions. They initially sought injunctive relief from the lower court against the issuance of timber license agreements by the Secretary of the Department of Environment and Natural Resources covering more areas for logging than what was available.266 The Philippine judiciary has. undertaken a series of initiatives to establish so-called ―green benches‖ or courts that would handle environmental cases/disputes in the country: Together with development partners and input from stakeholders.‖ It did not have difficulty in concluding that the petitioner minors had standing to sue even on behalf of succeeding generations based on the concept of intergenerational responsibility.267 Experts recognize this as both a milestone and fraught with challenges: Judges. declared that. Jr. Section 16 of the 1987 Philippine Constitution. 1993 (224 SCRA 792). This decision led to increasing calls to strengthen environmental adjudication in the Philippines. promoting improved environmental compliance and enforcement in the country and within the region.R. Prescription for filing of environmental actions in court may require special rules. For example. in an unprecedented ruling. continue to face challenges in adjudicating environmental cases. The Court. Some sanctions and penalties are not significant enough to deter 140 . July 30. No. the Philippine Supreme Court promulgated a decision in the test case of Oposa v.. In January 2008.
‖270 The pronouncement of the Supreme Court of the Philippines to establish so-called Green Courts has received mixed reactions from various quarters but nevertheless underscores the importance of providing access by communities and citizens to environmental justice.Democratic Deficits in the Philippines: What is to be Done? violators. For maximum efficiency and 141 . the Philippines is the only country in the whole world with this kind of remedial writ to protect the environment. social and environmental development goals is already well laid out in Philippine Agenda 21.269 He also considers as one of the landmark decisions of the High Court the case on MMDA vs. Indeed. including the imposition of sanctions.268 Retired Chief Justice Reynato Puno considers new writs to protect the environment as some of the major accomplishments of the High Court under his leadership (See Annex ZB for Rules of Procedure for Environmental Cases. Justice Presbitero Velasco where we ordered government to clean and maintain Manila Bay and to immediately act on its duties and obligation. could provide judges with new insights. For the record. experts agree that the greatest threat to human existence today is not terrorism. creative approaches to the handling or disposition of evidence. Concerned Citizens of Manila Bay which was ―a ponencia of Mr. Finally. which has been described as the most widely-consulted planning document the country has had so far. Here for the first time. initiatives and mechanisms are in place for addressing the various green. many legal jurisdictions are now studying our Writ of Kalikasan for adoption in their soil. Concrete programs. which can be filed by any natural or juridical person whose right to a balanced and healthful ecology has been violated or threatened with violation. Again. blue and brown environment issues confronting the country. This time. I called for a summit to address the need to protect the right of our people to a balanced and healthy environment. What is to be done? We recommend that the environmental development goals contained in Philippine Agenda 21 be pursued. after the Summit.): In 2009. We have converted all our trial courts into environmental courts to stop our environmental degradation. I asked our regional trial court judges to backstop the High Court. but environmental degradation. That Decision has earned the plaudits of environmentalists the world over. my third and last year in office. we wielded the writ of continuing mandamus to protect the environmental rights of our people. and the numerous environmental laws in place need to be fully understood to promote consistency in rendering judgments. A Filipino economist underscores its importance: The strategy and corresponding action agenda for reconciling the country‘s economic. we came out with new writs to protect our environment — the Writ of Kalikasan and the Writ of Continuing Mandamus.
and to strengthen them with the necessary policy and resource support. Encourage sharing of knowledge and experiences on the elements of a sustainable city including technologies and changes in production and 142 .Democratic Deficits in the Philippines: What is to be Done? effectiveness. there is need to focus on approaches that promise greatest success. The way forward. particularly in the sustainable management of forest and coastal resources. legal failures and coordination failures are transformed from current realities into things of the past. given the multi-dimensional. local and community levels. and law enforcement failures. and Local Development Councils need to be made to function actively and spearhead concrete initiatives to operationalize sustainable development at the national. achievement of win-win outcomes for the economy and the environment will remain a distant dream. Thus. Within government. which was created to coordinate the formulation of Philippine Agenda 21. inter-disciplinary and multi-sectoral nature of sustainable development challenges. Community-based approaches have already demonstrated positive track records. (See Annex ZC for complete text of the Ecological Solid Waste Management Act.) The APEC has also advanced the following proposals for building sustainable cities which we recommend should be pursued in engaging with other countries for the long-term:273 On Sustainable Cities Strengthen capacity building to facilitate the exchange of scientific and technical knowledge on sustainable cities by designating appropriate organizations in APEC economies to serve as contact and coordination centers. Mechanisms based on multi-stakeholder partnerships have likewise proven effective when allowed to function fully and freely. is to scale up and scale out such tested mechanisms that work well. is working on an ―enhanced Philippine Agenda 21. immediately. the imperative is for close teamwork and coordination.‖272 Need to Build Sustainable Communities We recommend the adoption and implementation of a comprehensive waste management system for each town and city. In particular. Until the current persistent governance weaknesses in the Philippines are overcome. Local Solid Waste Management Boards. Good governance is the critical underlay that provides the vital foundation for all efforts to achieve sustainable development for the country. bodies like the Inter-Agency Committee on Climate Change.271 The Philippine Council for Sustainable Development. then. Republic Act 9003 or The Ecological Solid Waste Management Act must be implemented up to the barangay level.
274 Immediately conduct scientific and medical investigations into the impacts and effects of aerial spraying which is used in the banana industry to protect crops against pests and increase productivity in order to determine adverse effects on human health and the natural environment. construction of water impounding structures to trap and store water from rainfalls. Need for Clean Technology Clean technology can be pursued through the following recommendations in the mediumterm: The provisions of the Clean Air Act. should be strictly implemented. Other measures include preparation of fire control maps and activation of fire protection communication systems.Democratic Deficits in the Philippines: What is to be Done? consumption patterns. small-scale mining should be rationalized such that the areas that may be exclusively reserved for small-scale miners can be identified. building on ongoing activities in APEC and promoting dialogue among public and private sectors and with non-government organizations as appropriate. The Kyoto Protocol is an international agreement linked to the United Nations Framework Convention on Climate Change which sets binding targets 143 . For rural areas. non-government organizations and institutions and maximize public-private partnerships to leverage additional resources and capabilities and capitalize on opportunities. if any. planting of new grasses or brushes in existing two-to-three meter wide firebreaks or buffer fire lines inside tree plantations. Immediately and in the short-term. creeks and rivers. we present the following recommendations: In the medium-term. indicators and standards. supportive of the Kyoto Protocol. defensive measures in dealing with forest fires should be undertaken such as the following: monitoring kaingin activities and unauthorized bush burning in pasture land by cattle raisers. and installation of signboards in fire-prone forested areas warning people about forest fires. Enhance information exchange on policies. inventory of stocked emergency supplies needed for fire control operations such as first-aid kits and non-perishable food supplies. The Ministers also agreed to further develop their own mechanisms for communications with the private sector. and regular holding of forest fire drills with forest-based communities. inventory of all fire fighting tools. and promote community level experiment model project with an aim to create eco-cycle communities.
and use. By the end of the first commitment period of the Kyoto Protocol in 2012. including its design. Green chemistry applies across the life cycle of a chemical product. is the design of chemical products and processes that reduce or eliminate the use or generation of hazardous substances.275 Promotion of green chemistry through incentive systems.Democratic Deficits in the Philippines: What is to be Done? for 37 industrialized countries and the European community for reducing greenhouse gas (GHG) emissions at an average of five per cent against 1990 levels over the fiveyear period 2008-2012. providing the tools needed to help achieve cleaner production goals Conducting cleaner production training through the "APEC Sustainable Development Training and Information Network.g.276 The APEC has also advanced the following proposals for promoting clean technology which may be carried out immediately:277 Formulation of specific strategies for industrial and agricultural sectors that promote dissemination of clean technologies and experiences Mobilization of public-private partnerships in major industry sectors to promote cleaner production Sponsoring of government-industry workshops. also known as sustainable chemistry. Japan's Virtual Center for Environmental Technology Exchange and the APEC Centre for Technology Exchange and Training for Small and Medium Enterprises [ACTETSME]) Strengthening of government capabilities through capacity building at both the national and local level. a new international framework needs to have been negotiated and ratified that can deliver the stringent emission reductions prescribe by the Intergovernmental Panel on Climate Change (IPCC)." to be led by the Human Resources Development Working Group Improving APEC member economies' access to expert input and facilitating the exchange of expertise related to the implementation of cleaner production methods 144 . Green chemistry. manufacture. seminars and demonstration projects on cleaner production Sharing information on clean technologies and cleaner production policies through electronic means (e.
Immediately promote the exercise of priority rights as provided by the IPRA. The exercise of priority rights will ensure respect for the environment and more importantly. there is a need to ensure that programs for IPs are grounded on the rights-based approach. including the right to develop their own Ancestral Domain Sustainable Development and Protection Plans or ADSDPPs as the blueprint of the IP community for their preferred development agenda. there can only be true empowerment if the IP communities have full control over the resources that they actually own.Democratic Deficits in the Philippines: What is to be Done? Promoting ISO 14000.‖ Such activities include mandatory representation in local and national policy making bodies. particularly those related to food security and reforestation. thus leading to the general public‘s greater acceptance of bio-cultural diversity in the country. IP communities will be able to reap more economic fruits through a just share of revenues from the commercial exploitation of their natural resources. In the medium-term. Thus.and medium-sized enterprises (SMEs) Promoting cleaner production technologies that help minimize or eliminate greenhouse gas emissions. and in the utilization of their own natural resources in their ancestral lands and domains.279 145 .278 and priority development programs and projects. which involves voluntary actions by industry to establish environmental management systems and committing to continuous improvements in environmental performance Focusing on the special needs of the small. Need to Protect the Rights of Indigenous Peoples We recommend the following measures to be implemented immediately in ensuring the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks:‖ Various activities may be carried out immediately to facilitate the assimilation of the indigenous peoples‘ struggle into the minds of men and women in the present generation and for generations to come by promoting a better understanding and appreciation of the indigenous peoples‘ ―ways. future generations of IPs will still be able to make their own decisions in the utilization of those natural resources. As equal partners of development. We believe that the FPIC should be used only for projects which do not require the utilization of natural resources such as housing projects and the establishment of military installations.
biodiversity conservation.Democratic Deficits in the Philippines: What is to be Done? In the short-term. This is in support of the advocacy for environmental justice recently adopted by the Supreme Court which embraces two key objectives. such as those resulting from mining activities. In the long-term. This is to ensure that the livelihood and well-being of the IPs are not adversely affected. the government must create compensation mechanisms for indigenous communities that have contributed to environmental protection. First is the fair distribution of rights and responsibilities among communities. 146 .. and the enhancement of natural vistas. Second is the reduction of overall environmental damage. There is a need to immediately enhance coordination and cooperation of concerned government agencies such as the NCIP. as well as the adoption of other mitigating actions in addressing the negative impacts of climate change. the government must facilitate the funding for and to actualize the various ADSDPPs by coordinating with potential donors and local government units. Need for Access to Environmental Justice In the long-term. Need for Climate Adaptation and Disaster Mitigation Measures In the medium-term. the government must be able to complete the geo-hazard mapping of all regions in the country. and the implementation of soil stability measures (e. the operations of mining and logging groups in areas near or within that of the IPs must be monitored in order to address the environmental issues brought about by these operations. there is a need to establish a civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. In the medium-term. and the management of resources within ancestral domains/lands. the government and civil society must work closely with various IP communities through their leaders in strengthening the IPs management over carbon sinks in their respective ancestral domains. reforestation and planting in river banks and sloping areas) for landslide-vulnerable areas.280 The new writs to protect the environment formulated by the Supreme Court mentioned earlier constitute a significant step in this direction.g. There is a need for the NCIP to liaise with the various Local Chief Executives and legislative bodies in the country‘s political units so that the community-formulated ADSDPPs may become an integral part of the respective development masterplans of local government units. and other concerned government agencies through the harmonization of conflicting laws on the delineation and titling of ancestral lands. DENR. In the long-term. Department of Social Welfare and Development. in supporting the various projects contained therein.
etc. so as to begin the building of this integrated national natural hazards GIS database. emergency response and many other applications. This would consist of the following: Design of an integrated GIS database for the Philippines. The data and mapping system could form the backbone for the national emergency response plan. An integrated national natural hazards data and mapping system needs to be designed and implemented. The data so collected would then be in a consistent uniform format. evacuation. project design. Consistent modern maps of natural hazards zones (flood. These maps would be very beneficial for land-use zoning. A study has noted that: The disaster management system in the Philippines is based on an outdated decree (dating back more than 20 years). for use in natural hazards data collection and mapping. there are inadequate reliable data on the type and amount of Philippine economic activity at risk from natural hazards. NDCC. must be able to craft a National Adaptation Plan for Climate Change and pass a comprehensive disaster management law. Currently. Loss estimates would prove useful to decision-makers and the public. insurance.) rather 147 . In general. This GIS database would have many benefits beyond natural hazards. there is a widespread emphasis on postdisaster relief and short-term preparedness (forecasting. earthquake faults and shaking. volcanic hazards. there is a failure to recognize natural hazards as a potential obstacle to long-term sustainable development. which would then form the basis for a comprehensive understanding of the impacts of natural hazards on the nation.281 In the medium-term. using the GIS database.Democratic Deficits in the Philippines: What is to be Done? A recommendation contained in a study undertaken by the World Bank and the National Disaster Coordinating Center of the Philippines should be pursued: In the Philippines. and would serve during emergency periods as a database for needs assessment and data collection. etc) should be generated for the entire Philippines. and could be integrated into a national economic development plan. NAMRIA. and would greatly benefit from integrating lessons learned in the country around the globe over the past decades. in consultation with civil society and communities. PHIVOLCS and others are all implementing limited GIS databases. for use in improving hazard maps and risk analyses. A fundamental obstacle is the absence of accurate hazard and vulnerability maps. Reflecting this. and coordinated into a common format. using the integrated GIS database. the government. Risk analyses should be developed for high hazard areas. Their efforts should be encouraged. geologic hazards.
rehabilitate and reconstruct. it would be most effective to create a technical working group including representatives of PIRA. could also be used by IFI‘s284 when financing LGU-led infrastructure development. and/or contingent credit facilities:283 Development of Fiscal Incentives for Proactive Risk Management at the LGU Level: to implement proactive disaster management. such as livelihood regeneration or tax breaks to affected businesses. which. Explore the potential for a PCIP:285 carry out a study to assess why the area of insurance remains under-developed in the Philippines as well try to determine its potential for increase.282 In the long-term. However. for example. To develop a contingent facility requires that there is sufficient understanding of risk and agreement on the criteria that would trigger withdrawal. including the idea of a catastrophe insurance pool. and regulatory framework for the operations of the PCIP. that encourage LGUs to include mitigation and prevention activities in their development plans. However. this will require a more careful analysis of the appropriateness of the present funding system. by requiring that the LGUs submit a comprehensive risk management plan for the proposed investments. this type of incentive must be accompanied by government policy action to cause it to be implemented. institutional design.Democratic Deficits in the Philippines: What is to be Done? than mitigation or post-disaster support for economic recovery. determine the appropriate level at which the contingent facility could be developed: Federal Government. To do this. and actions that would need to be implemented to reduce risk. Based on the achievement of agreed output indicators. 148 . Given the frequency of disasters in the Philippines. the LGUs could be rewarded with additional funding to improve their overall disaster management capacity. it is important that the Government explore the use of a contingent credit facility to fund post and pre-event activities. thereby balancing out the present strong rehabilitation and reconstruction emphasis. Explore Contingent Credit Facilities: to allow the rapid mobilization of funding after a disaster to assess damage.286 GSIS…and the Office of Insurance Supervisor to develop a workable proposal for a business plan. in the constantly hard hit area of infrastructure. funding gap. the government together with the private business sector must explore more effective options for financing disaster risk and relieving the burden of disasters from the public sector. LGU level and/or PCIP.
While information on impending disasters and in dealing with disasters is available. and availability of food and medicines. however. and cannot access this information. It also has a solar energy potential of 1.Democratic Deficits in the Philippines: What is to be Done? For the long-term. There are also instances when vulnerable communities that had been already advised to evacuate refused to move out due to inadequate transportation. NGOs. The teachers are also educated in DRR by including the concepts in Teacher‘s Education Curriculum. NDCC and DepED. oftentimes. risks and adopting safeguards on disasters. The module includes information on disaster preparedness.000-megawatt wind.287 While there are proposals to achieve energy self-sufficiency through nuclear energy. The Philippines has an estimated total potential of nearly 80. in partnership with ADPC.288 Information campaigns on disaster risk management must be made systematic and well coordinated immediately in all locational areas concerned.289 In the long-term. the government and the private sector and civil society must together pursue the promotion and undertake the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission. education in DRR is still limited in scope and education materials are still inadequate. there is a need to integrate Disaster Risk Reduction concepts in the curricula of both public and private schools: The Department of Education (DepED) is working on including DRR in elementary and secondary curricula. undertook a project to develop DRM modules for integration into the secondary school curriculum. often it is not widely or properly disseminated: While much of this information is available online in the NDCC members‘ websites. The media thru television and radio broadcasting has helped in disseminating information on different types of disasters. Their scope. Disaster 149 . biomass. many people and communities – especially in the rural areas . and mini-hydro energy. private and civic organizations and government agencies at both the national and local levels undertake public awareness and information campaigns on disaster risks in many vulnerable areas. these campaigns are not systematic and coordinated. At present. there are uncertainties about the disposal of nuclear waste and the high cost of maintaining nuclear power plants. There is no countrywide public awareness program on DRR.500 hours of power annually at 5 kilowatt hours per square meter per day. does not fully cover all disaster-prone areas. facilities in the evacuation centers.do not have access to computers and internet connection. However. prevention and mitigation of hazards and risks of natural events to vulnerable communities and areas.
hence it is difficult to evaluate how efficiently the funds are used. Many structures do not fully comply with the safeguards required under their Environmental Compliance Certificates (ECCs) and building codes. The LCF is five percent of their estimated revenues from regular sources as. b. and in some cases zoning regulations are poorly enforced and/or blatantly violated by some building and housing developers. appropriate building codes and standards are set aside to reduce construction costs. Moreover. Affected slopes need to be stabilized to prevent further landslides and debris flows. which can only be used upon declaration of a ―state of calamity‖ by the local legislative body: In 2003. The location-specific reasons why the landslides and flooding occurred need to be understood to guide recovery and prevent similar disasters in the future.291 In the short-term. 150 .292 In relation to natural and man-made disasters. The changes to the landscape caused by the floods and landslides need to be mapped and understood to prevent future flooding and landslide impacts. In some cities and municipalities. Poor regulation in the construction of buildings and other physical establishments in disaster-prone areas contribute to the risks in these communities. LGUs are not obligated to submit reports on the utilization of the calamity funds to NDCC or DBM. Private schools. however. are not required to include these in their curriculum. a Joint Memorandum Circular issued by the Department of Budget and Management (DBM) and the Department of Interior and Local Government (DILG) permits the use of the LCF for disaster preparedness and other predisaster activities.290 In the short-term. there is a need to strongly enforce some laws and policies for disaster risk reduction: Poor enforcement of easement zone regulations contributed to the burgeoning of informal settlers along riverbanks and near coastlines. d. c. a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units should be established. many local officials find this instruction unclear because it is perceive to focus only on man-made disasters. However. Employment needs to be increased in the near term to limit the survivors‘ need to extract additional resources from the environment to meet reconstruction and recovery needs. the following findings from a study of the Benfield Research Center are worth considering:293 a.Democratic Deficits in the Philippines: What is to be Done? awareness has formed part of the learning core competencies under the Science and Social studies subjects in public elementary and high schools.
Community-based warning systems need to be established as a priority to reassure at-risk disaster affected populations and minimize similar disasters in the future. The waste being generated by the clean-up process needs to be disposed of safely. Facilitate exchange of knowledge and experiences with APEC economies in order to build sustainable cities. 151 . Prioritize the following concerns in the rural areas: areas that may be reserved for smallscale mining. compost) and be used to support the recovery process.g. Traditional and modern Filipino experience and lessons from outside the country need to be incorporated into reducing the likelihood of damage to shelter in the future. lumber. Recap of “What is to be done?” Pursue the environmental development goals contained in Philippine Agenda 21.. (See Annex ZD for complete text of the Disaster Risk Reduction and Management Act. defensive measures in dealing with forest fires.Democratic Deficits in the Philippines: What is to be Done? e. Implement Republic Act 9003 or The Ecological Solid Waste Management Act up to the barangay level. Promote ―green chemistry‖ and other clean technologies through incentive systems. Strictly implement the provisions of the Clean Air Act. as well as alternate crops to cultivate until rice and normal vegetable production can be restored. The trees and other biomass brought down by the floods and landslides need to be transformed into useable assets (e. Farmers need support to rehabilitate fields. landslides and typhoons. g. i. Efforts need to consider immediate needs as well as proactively reduce the current and expected threat of flooding. and the impacts and effects of aerial spraying. Similar support is needed in the fishing sector. h. The ―Philippine Disaster Risk Reduction and Management Act of 2010‖ must be improved considering the various points raised in this chapter.) We also hope that the Climate Change Commission will discuss the relevant points raised in this section. f. Shelter is a priority.
Democratic Deficits in the Philippines: What is to be Done? Protect the rights of indigenous peoples in order to ensure the integrity and capability of ancestral lands that serve as ―environmental havens‖ and ―carbon sinks. as of last Census of Population (POPCEN 2007).574. 2007 was 88. building codes and related laws in support of disaster risk reduction o Implementing disaster mitigation measures recommended by previous studies for countries in similarly situated areas D. Population Status of the Philippine Population According to the National Statistics Office294 (NSO).88 million in 5 years.295 In 1995. Implement climate adaptation and disaster mitigation measures such as: o Improve the Disaster Risk Reduction and Management Act o Geo-hazard mapping of all regions in the country and the implementation of soil stability measures for landslide-vulnerable areas o Crafting a National Adaptation Plan for Climate Change o Exploring more effective options for financing disaster risk and relieving the burden of disasters from the public sector. and/or contingent credit facilities o Pursuing the promotion and undertaking the widespread use of renewable energy and promote energy efficiency to cut carbon dioxide emission o Making information campaigns on disaster risk management more systematic and well coordinated in all locational areas concerned o Integrating Disaster Risk Reduction concepts in the curricula of both public and private schools o Setting up a system for evaluating the utilization and impact of the Local Calamity Fund (LCF) of local government units o Strongly enforcing zone regulations. the projected annual population growth rate for the period 2005 to 2010 was 1.614.296 In 2000.62 million.‖ Establish a workable civil and criminal liability framework that will serve as a deterrent to and facilitate claims for environmental damage. the total population of the Philippines was 68. including the idea of a catastrophe insurance pool.95 percent. such as those resulting from mining activities. Based on the 2000 Census of Population and Housing.297 This translates to an increase of 7. it was recorded at 76.50 million. the total population of the Philippines as of August 1.298 152 .
Democratic Deficits in the Philippines: What is to be Done? According to the World Factbook, a publication of the United States Central Intelligence Agency (CIA), the Philippines is the 12th most populated country, based on 2009 population estimates of 237 countries worldwide.299 (See Annex ZE for discussion of Trends in the Philippine Population.) Lack of information, specifically on reproductive health and on the use of contraceptives, is one of the leading causes of the high population growth rate in the country. According to the United Nations Development Program (UNDP), based on the Family Planning Survey in 2006, only 50.6 percent of married women aged 15-49 use contraceptives.300 Reportedly, many women, especially those belonging to the poor social group, are ignorant on reproduction. Many unplanned pregnancies are a result of misconceptions, such as believing that they are infertile while they are still breastfeeding. Others have not even heard of contraceptives, while some of those who have were afraid of its side effects and refuse to use them. The Reproductive Health Bill or RH Bill which aimed to step-up the promotion of natural and artificial contraceptives was not passed during the 14th Congress. The RH bill has been one of the most controversial bills as it has been met with formidable opposition in this predominantly Catholic country. And in this country where a number of religious groups practice bloc voting during elections, for many politicians who will be seeking re-election, it would seem a political suicide to support this bill. This has been seen as one of the major reasons for the ―death‖ of this bill. (See Annex ZF for complete text of the Reproductive Health Bill.) Increased life expectancy and decreased infant and under-five mortality rates have also contributed to the growing population. In 1950, the life expectancy at birth was only 43 years. In contrast, the life expectancy of both sexes in 2005 was around 68 years. 301 In terms of infant mortality, from 1990 to 2006, the number of infant deaths per 1,000 live births decreased from 84 to 32 deaths.302 Under-five mortality rate also improved from 64 deaths for every 1,000 live births in 1993 to 42 deaths in 2003.303 Overpopulation is a major cause of concern as it results in a host of problems especially in a third-world country such as the Philippines where resources are scarce. Firstly, the high number of children which is most common in poor families is seen as the main reason for so-called hereditary poverty. Poor families are already having difficulty in providing their children with the most basic needs such as food, clothing and shelter. Many children are deprived of realizing their full potential and becoming productive citizens as a result of lack of education and adequate health care. Overpopulation also dilutes social service delivery. According to Dr, Merceditas B. Concepcion, a member of the Commission on Population Board: 153
Democratic Deficits in the Philippines: What is to be Done? Swift growth in numbers hampers improvements in health and in the delivery of health services in several ways. First, in the face of economic stagnation, it is difficult to maintain, and more so, upgrade services for the growing number of people. Second, elevated birth rates generate a sizable fraction of young children in the population – the group with the highest illness and mortality rates in developing countries and hence, with the utmost need for health services. Third, too many births as well as those that are closely spaced are linked with high rates of maternal and child mortality. 304 In addition, the expanding elderly population, which was pointed out as one of the factors for overpopulation in the country in recent years, also signifies an increase in health and social service requirements. Unequal Distribution of Population Across Regions As shown in previous sections, there is unequal distribution in population across regions. CALABARZON, NCR and Central Luzon comprise more than one-third of the total population of the country. The average population density of the Philippines in 2007 was 260 per square kilometer. The densest region however, NCR, posted a very high figure of 18,650 per square kilometer. In contrast, the region with the lowest population density, CAR, posted only 78 persons per square kilometer. The high density of population, particularly in highly urbanized cities, results in problems in housing, unemployment, crimes and unhealthy situations. Ageing and Depopulation In overpopulated countries, focus is given on arresting the growth of population. There are countries however who are now experiencing the negative effects of depopulation or under population. Michael Meyer, in his article ―Birth Dearth‖ (Newsweek, September 27, 2004), reports that, ―the world‘s population will continue to grow—from today‘s 6.4 billion to around 9 billion in 2050. But after that it will go sharply into decline….‖ The impending issue of depopulation should also be given consideration. populated countries are now feeling its negative effects. Under
The expanding elderly population is seen as a major issue that will heavily impact on the depopulation phenomena. The lack of replacements for the previously productive ageing 154
Democratic Deficits in the Philippines: What is to be Done? citizens poses a big problem. When Total Fertility Rate (TFR) goes below the replacement level, a country will find itself lacking a sufficient work force. This will force under populated countries to resort to hiring skilled and non-skilled workers from other countries, as in the case of under populated countries now. What is to be done? It has been suggested that there are only two alternatives to address overpopulation. One is to decrease population growth or increase resources to be able to provide everyone with quality standard of living. As countries are forced to operate on resources which are available to them, the only recourse left is to control population growth. And on this, the only way is through birth control, or in other words promoting the use of natural and artificial contraceptives in order to enable families to have the family size that they desire and can support. That the major cause of unwanted and unplanned pregnancies is mostly due to lack of information on reproductive health and low contraceptive prevalence rate, indicates that there is indeed a need to disseminate information and give the people the right to choose and a chance to determine their families‘ size. Thus, it is crucial that initiatives such as the Reproductive Bill be passed and enacted. Out-migration of families to other countries is a trend that may have to be supported more vigorously in order to manage population in the country. The Philippines may already be considered a country whose citizens are spread throughout the world as migrants and Overseas Filipino Workers (OFWs) but are able to contribute billions of pesos annually to the local economy. In the case of increased ageing population, steps must be taken to put measures in place in anticipation of this trend. During the 1990s, there were discussions on the possibility of an SSS and GSIS merger. Today, many legislators and government officials have expressed support to a proposal to merge the SSS and GSIS. The Senate Committee on Government Corporations and Enterprises is presently considering a bill merging the SSS and the GSIS. According to Senator Richard Gordon, head of the committee, the merge would strengthen the SSS.305 Senator Sergio Osmeña also proposed the merge to settle the problem in the release of pensions and retirement benefits. At the same time, Senator Manny Villar suggested that the Department of Finance conduct a study on how much the government will save if the SSS and GSIS merge. The Department of Finance has conducted such a study of radical reform of merging the two corporations in 2000 but it did not materialize.306
Democratic Deficits in the Philippines: What is to be Done? In 2003, Senator Ramon Magsaysay, Jr. expressed an urgent need for new legislation to amend the SSS Charter to include the administrative merger of the SSS and the GSIS. He justified the merger as follows: 1. The national government as the ultimate guarantor of the SSS and the GSIS would have the opportunity to rationalize the cost of these two programs and provide a common standard of old age protection to all workers, regardless of sector of employment. 2. We cut down on bureaucracy cost. 3. Investment opportunities for the consolidated fund would expand because of the sheer size of the unified fund.307 Antonio C. Asper, Executive Assistant for External Affairs of the Federation of Free Workers, in his study, recommends the following reforms308 in the SSS: Structure and Design a. Restructure the SSS into a two-pillar scheme—downscaled defined-benefit and appropriate defines-contribution schemes. Under the proposed defined-contribution scheme, members are allowed to save for their own pensions. b. Periodically examine these schemes to ensure that benefits and contributions are aligned at all times. c. Increase the contribution rate on a staggered basis from the current 9.4 percent up to a rate that will synchronize contribution rates with benefit payments. The need to increase the contribution rate will be able to ensure viability of the Social Security Fund for a longer period. Administration a. Increase the number of inspectors and lawyers to prosecute employers who do not comply with the Social Security Law. In 2003, more than 300 additional account officers were fielded to monitor delinquent accounts and payments of employers. The account officers were tasked to look into the billings and payments of companies and crack down on those who did not comply with the Social Security Law. b. Review staffing patterns if it is to be converted into a two-pillared scheme. The employees who will be affected by the scheme need to be given employment or financial assistance. c. Improve the delivery of basic services. To reduce the processing time for benefit claims and loan applications, the Covenant of Service Program (COS) was introduced in 2001. The implementation of phase two of the program will further shorten processing time. 156
to wit. (1) a PAYGO pension financed by pooling funds citywide. Redefine ―credited years of service‖ or CYS (the sum of the number of years from the year of coverage to 1984 and number of years where the member has at least 6 contributions in a year. to wit: 1.312 Recap of “What is to be done?” Control population growth by lowering the incidence of unplanned pregnancies o Provide information on reproductive health o Allow people to determine their family size by providing them with information on the use of natural and artificial contraceptives Promote regulated out-migration of families Put measures in place in anticipation of the increased ageing population. 2.Democratic Deficits in the Philippines: What is to be Done? Fund Management a. 3. The SSS has proposed several corrective measures. Outsource fund management to professional fund administrators. Increase the maximum and minimum monthly salary credit along with an increase in benefit payments.311 The consensus on establishing a partially funded pension system is embodied in the existing government reform program that aims to establish a three-pillar system. and (3) a supplementary pension funded by employers. b. By redefining the CYS. Consider the proposal of selling or restructuring housing loans. Lessons from Western countries showed that a national social security program with a PAYGO system is unsustainable. We can learn from the experience of China which has restructured its pension system since 1995 by combining the PAYGO system309 with a funded system relying on individual savings accounts. starting 1985) which determines the amount of pension benefits. the computed pensions will be more equitable in relation to how much the member has actually contributed.310 The country‘s rapidly ageing population. such as merging the SSS and the GSIS to rationalize the cost of these two programs and provide a 157 . (2) a system of individual savings accounts funded by both employees and employers.4 percent of workers‘ monthly salary to 16 percent to 22 percent in a span of six years (only 1 percent has been approved so far). strong economic growth and high return on capital mean that ―a funded pension system would be more efficient than a PAYGO system. Increase the contribution rate from 8.
1 percent in 2002. Following the Asian financial crisis of 1997. aside from having a coastal area longer than even that of the United States. and foreign direct investment (FDI) dropped from US$2. Also. privately-owned business networks could be attributed to all these. As for infrastructure. Also.‖ and are now lagging behind all our neighbors here in Asia. this economic history of the Philippines is also marked with losses as well as gains. are we called the ―Sick Man of Asia. Why then. like in retail trade. From 1980 to 1997. economic growth remained steady at 2. which paved the way for 35 new projects to deliver electricity more efficiently to the public. not only the building of new roads. which led to 95 percent of the country‘s gross domestic product (GDP) and 92 percent of the employed workforce in recent times being generated by the private sector. and the Mindanao region. It also has one of the largest mineral deposits in terms of mineral ores.107 islands and rich in natural resources.8 percent of gross national product (GNP) in 1997 to just 18.1 billion to just US$0. Partly this could be attributed to the entrepreneurial culture and skilled workforce of the Filipino people. banking and infrastructure.315 Yet.1 billion in 2003.314 Foreign investors became significant players in various industries like banking and manufacturing.5 percent despite political upheaval and a short adjustment period from the Marcos dictatorship back to democratic rule.313 Efforts of previous administrations in the 1990s to liberalize the economy and develop pro-business economic policies should also be considered as one of the most important contributions by the government to economic growth. the gross domestic investment in the Philippines declined from 23. boast of breathtaking tourist spots that attract thousands of people every year.Democratic Deficits in the Philippines: What is to be Done? common standard of old age protection to all workers. regardless of sector of employment E. the Internet and other media—the vibrant competition and development of numerous. another important factor is the liberalization of the power sector. telecommunications. most especially in terms of economic growth and development? The country has had a long history of private sector-led economic growth. islands like Palawan and Cebu. Public-Private Sector Partnership Macroeconomic History and Overview of the Philippine Economy The Philippines has 7.316 Although the Philippine economy has proved quite resilient to external shocks and changes in economic policy over the past five years—while many of its neighbors suffered deep 158 . but also the broadening of the telecommunications sector—which includes telephone and mobile networks. being one of the centers of marine and land biodiversity in the world. but a major chunk of this growth also comes from foreign participation and investment in major sectors of business.
reflecting the fast pace of consumption and demand for telecommunications and food services. respectively.0 percent.318 Our net exports (exports minus imports) accounted for only 0. against Malaysia and Singapore‘s 29 and 20 percent. Singapore and Malaysia who all suffered economic contraction at -2.4 percent of the country‘s GDP. relatively better than our neighbors Thailand. Figure 2 GDP Growth 1997-2003 Philippines The economy is dominated by the services sector. which contributes approximately 50 percent of GDP in recent years. followed by industry/manufacturing at 32 percent and agriculture. fishing. however. which is broken down into 4 percent public and 11 percent private.Democratic Deficits in the Philippines: What is to be Done? recessions during the post-Asian crisis years of 1998–2001—the Philippine economy continued to grow at an average pace of 2.319 The Philippines remains high in domestic savings due to the remittances of Overseas Filipino Workers. the rapid pace of population growth has led to a fluctuating gross domestic product (GDP) growth rate from 1997 to 2003 (see Figure 2). Despite these gains. -2. and forestry at 15–17 percent. for 2009: GDP growth is 0.5% per annum.320 The national savings rate is at 30 percent.5 and -1. The services sector has also had the fastest growth rate.8.317 The following indicators currently showcase the economic status of the Philippines.9 percent.2 percent GDP growth in 2009 respectively.321 159 . GNP growth is 3. versus an investment rate of 15 percent.
8%) in agriculture. Rising real wages due to successive rounds of minimum wage increases have not been matched by concurrent rises in productivity.326 The Role of the Private Sector According to the ADB Philippines Private Sector Assessment.322 However. it needs to create a better environment for private investments by building more competitive markets.3%) and sugarcane (-10. the private sector dominates the Philippine economy generating on average 95 percent of GDP and accounting for 85 percent of total expenditure during 1991–2002 period. which grew by 17 percent. economic adviser to the Arroyo administration Joey Salceda mentioned that ‗historical structural factors…have persisted and are tougher to get undone despite deregulation. especially those of health and education. there is a negative growth (-3.327 Private enterprises employ 92 percent of the registered workforce but have not been able to keep pace with the growing number of job seekers since the Asian financial crisis.329 160 .325 Servicing this debt crowds out other important government expenditures for basic services for the Filipino people. although its share dropped to 66 percent as a consequence of the Asian financial crisis as the economy contracted and the government intervened to revive growth.324 As of January 2010.‘ This refers to the oligarchies that continue to ‗exploit‘ the business environment in the country.6%).Democratic Deficits in the Philippines: What is to be Done? Two industries particularly stand out with double-digit growth in the 4th quarter: Mining and quarrying. As the government looks to support private sector development in the country. and finance (banks and insurance). There has been decreased productivity and competence because of the presence of monopolies and oligarchies which control a huge chunk of the domestic (and even international) business sector. better administrative performance from government institutions. which grew by 11 percent. amounting to more or less 73 percent of total GDP.328 However. there is a significant decline in growth of palay (-3.323 National debt was approximated at US$55 billion in 2003. liberalization and privatization. 2010 article in the Philippine Daily Inquirer. the overall productivity of the private sector is low and declining. the sector in which the rural areas depend on for livelihood. and a reliable. It also contributes on average 65–75 percent of total investment.063 trillion. maintaining a credible regulatory oversight system. Public-Private Sector Relations In a March 8. efficient mechanism for dispute resolution. the total national government outstanding debt has reached PhP5.
European. it is also a problem in many other parts of the world. an advertisement in the Philippine Daily Inquirer last February 15. Also. Korean and Pamuri) concerning the dispute between government agencies and Pilipinas-Shell: a) double taxation (of intermediates and final products) seriously hamper the growth and development of the manufacturing industry. Canadian.Democratic Deficits in the Philippines: What is to be Done? Also. predictability. the issue is to reduce it from being widespread and rampant to a status that is negligible. creating enormous rents332 for some groups that participate in the operation of the system. it 161 . low levels of investment. Japanese. which example may lead to disastrous effects in the relations between the government and the business sector in particular. 2010. and c) the threatening of the government to use force in the confiscation of future shipments. and 3.330 Major Challenges Macroeconomic View Cielito Habito states that the three key challenges facing our economy are the following: 1. which are dedicated to prosecuting and bringing erring officials with cases of corruption to justice.333 Corruption is not a problem only in the Philippines. According to Amado Macasaet. by the Joint Foreign Chambers of the Philippines (American. As Dr. due process and no retroactive changes for better relations with the business sector. failure of our economic growth to translate into poverty reduction. another major challenge is setting goals and priorities. However.331 One of the major problems in the relations between the government and the private sector—just like that in the macro level where it appears to be pervasive—is corruption. the Philippines was ―basically an agricultural country trying to industrialize…today. Leadership and good governance are the factors that could tip the scales in controlling and eradicating corruption. b) the government needs to practice consistency. Political will is required to enforce policies and give appropriate sanctions to those who still make transactions outside the law. Also. 2. it is assumed that corruption greases actions in the system…a country that is run on such grease is oftentimes full of regulations and rules that are impractical. However. there are agencies like the Office of the Ombudsman and the Sandiganbayan. the Philippine government still appears to be riddled with the presence of corrupt officials at all levels. Gerardo Sicat of the UP School of Economics states: In a country where corruption is a problem. fairness. Australian-New Zealand. Corruption always has had negative effects on a country‘s development. weak government finances.
Studies also show that there is a high rate of unemployment and underemployment in this country. As Sicat also notes. implementation. and monitoring of programs to ensure that sufficient political will exists to support them.Democratic Deficits in the Philippines: What is to be Done? can neither rely on agriculture nor industry as the main drivers of the economy. we are challenged with numerous policy mismatches. Policy mismatch on the part of the government—an encouragement of more capital-intensive industries and the neglect of many labor-intensive ones—deterred the growth of jobs in relation to the labor supply.‖ 334 This is because. the government adopted the policy of limiting contribution from foreign capital. Sicat also notes that the growing population poses a threat to the labor force. There are too many laws with the thrust of economic growth in mind. the initial orientation of industrialization in the Philippines was mainly import substitution. governance reform essentially means establishing and enforcing a rulebased business environment that encourages investment and rewards fair competition. Particular care will need to be taken in the design.‖335 He further asserts that these policy directives are ―pieced together mostly by politicians or economists with strong political leanings…programs are calculated to attract votes. vested interests and systemic corruption will continue to make this process very challenging. Macasaet writes. and the actual policies that the government adopted.‖336 Weeding out the useless and outdated laws that try to spur growth.337 The mismatched policies were at work for several decades—thus affecting capital adversely. In the Philippines.339 Zooming In on Public-Private Sector Relations For the ADB. economically active individuals. the large chunk of the country‘s population depends on the fewer. but are not really doing their job—this is a problem that has not been solved until now. Policy restrictions on trade and industrialization also took its toll on the economy. ―economic development programs are invariably crafted during the election period. not really to make the economy grow. or battle corruption. instead of encouraging foreign capital together with domestic capital. and yet the country still continues to slump deeper into poverty and income inequality. Governance reforms should therefore form the central tenet of ADB‘s sustainable private sector development strategy for the Philippines. a reduction of political interference in the markets is important. In the current context. the perception that foreign and domestic capital competed with each other embedded a negative image in the Philippine psyche.340 Also. Also. As stated by the ADB: 162 .338 thus. An example is the required policy to augment capital investments in the country.
not only to pay off what they spent for his campaign.g.‖ If the candidate wins. or even disregard past transgressions they incurred against the public or the government. it could be considered that. Also. 163 . this exists where ―the state is dominated by powerful business groups who finance electoral exercises and use politicians and the machinery of government to further their economic interests.‖ According to Hutchcroft.344 Local businesses may be optimistic in terms of access to financing. regulatory and operational responsibilities. This is the basis of the statement that ―the best investments happen every six years. limited access to the right information restrains the public and the businesses to estimate and approximate the economic environment. regulators exist for each major infrastructure sector. In the case of the transport sector. but also to make the ‗help‘ worthwhile. This weak regulatory framework has resulted in formal legal challenges to almost every major regulatory decision and investment transaction. privatizing the remaining nonstrategic GOCCs and unbundling the commercial and regulatory roles of government agencies wherever they coexist (e.‖346 This cycle starts when wealthy businessmen and even business groups with vested interests finance candidates‘ campaigns during elections.341 Building credible and independent regulatory oversight is also part of the ADB‘s list of recommendations for better private sector development: Due to the natural monopolies associated with many infrastructure investments. regulations and red tape are what they see as major constraints to investments and business. Paul Hutchcroft calls ―Booty Capitalism. Air Transportation Office. regulating bodies must be independent of policy-making agencies and free of any conflict of interest when implementing sector rules.. but none is financially independent or effectively free from political influence. In the Philippines. To be effective. economic regulation is necessary to balance the public interest.Democratic Deficits in the Philippines: What is to be Done? [This is possible] by strengthening the independence of sector regulators and giving them sole authority over utility tariffs. The public-private sector relations in the Philippines is riddled with many problems and challenges that need to be faced head-on. One major challenge to the Philippine government is the rampant practice of what Dr. thereby undermining their impartiality vis-à-vis private investors. Philippine Ports Authority).‖347 definitely the politician would feel compelled to help the business people in any way he could. ATO342 and PPA343 combine policy. he/she would repay his financers by developing policy measures which favor the business. Also.345 however. as part of the Filipino psyche of ―utang na loob.
Competition in the market leads to lower prices and to more output in general. Gerardo P. the key to poverty reduction is generating greater economic value and higher income through higher productivity. 3. ―taxpayers evade paying the proper amount of taxes on the belief that doing so would only feed corrupt pockets. Thus. this ―very ability to distort policies allows them to capture economic rent. So. According to Romulo Neri. how does this work. economic rent being extraordinary profits which make them extraordinarily rich.Democratic Deficits in the Philippines: What is to be Done? True enough. Specialization in production that is encouraged by the principle of comparative advantage enables a country – or producer – to become low cost and able to expand in the world market. unless there is a ‗more trustworthy‘ government than what we have now. poor social services and a very low respect for the law. and the buyer getting a good price – so long as the trade happens as a result of competition and not of monopoly. Lastly. which allows them to finance the next election. Trade benefits all parties in the transaction: the seller earning something in return. 2.‖348 This gives them greater wealth. Romulo Neri explains. in his presentation entitled ―Reflections on Philippine Development Challenges and Governance. and how can we achieve the best possible results? Dr. and would eventually lead to high unemployment rates. and it distorts the demarcation between the private sector and the government. Sicat. a weak tax system is also a deficit of the government. and it is one ideal (yet elusive) environment for economic growth and development.353 164 . Tax evasion is also a major challenge to the system. we cannot expect tax collection efficiency to improve. this practice adds political power to the already present economic power the oligarchic elites hold. as a considerable percentage of the Philippine GDP (roughly 14 percent)349 comes from overall tax revenue. What is to be done? As Dr. Competition in international trade reduces the power of monopolists and cartels.‖ gives these propositions in economics that ‗are important in the analysis of Philippine economic issues:‘352 1. low investment rates lead to low economic growth. The combined impact of these policy distortions and our having weak state institutions makes it harder for foreign investors to develop and manage their investments in this country.351 A reduction in poverty means a higher standard of living. poverty. [Contrived] monopoly leads to higher prices and smaller output. and that 4. According to Habito.‖350 He further added that.
scarcity in labor ‗creates demand for greater productivity of labor because higher wages would demand a greater number of investments per labor. one other important problem to address is strengthening the poor physical infrastructure of the country. i. and investment. This should build an environment that encourages investment and rewards robust and fair competition.‘358 Dr. including those suggested by radicals and charlatans…. employment creation is what the government should really prioritize. Sicat. it is easier to allocate resources and achieve social goals when there is economic growth. equitable and harmonious society.e. the government should properly implement rules and regulations for the business sector that will bring about more jobs for the citizenry. there will be a scarcity in labor. when used as bases for developing economic policies. Sicat even further states that as the economy grows. and revise those which seem to be outdated. it would be easier to build a more peaceful.Democratic Deficits in the Philippines: What is to be Done? These propositions. According to Dr. Investment incentives provided in various laws should be reviewed.‖356 Giving stability to employment through a ‗sustained rise of output and productivity‘357 creates an assurance in the people of improving welfare standards in the country. another one of the major recommendations for improving public-private sector relations in the Philippines is to review laws which have been set for the economy. and the telecommunications sector would help in the quality of product transportation and develop faster and more efficient business transactions. Definitely. According to Dr. True enough. the ‗short-run convenience of apparently popular policy choices introduces distortions in the economic outcomes that lead to high cost in the long 165 . He gives several reasons for his recommendation. Also. including the investment incentives that go along with them. first. especially those which deal with tariff and trade. there should be no special treatment for a particular set of businessmen or companies.‘354 and second. Also.‘355 gain a positive outlook and not ‗get desperate in looking for all kinds of solutions…which makes them susceptible to any offers of cures. A strong political will to implement and enforce laws may be one of the best solutions to defeat nepotism and the prevalence of Booty Capitalism in the country. As the gaining rate of employment is sustained. creating jobs would help people ‗have a basis for hope. since poverty takes place without apparent reduction. Improving the physical environment. Sicat. streamlined and aligned with the updated investment priorities. and where there is no individual or firm that could dictate on market processes to their own advantage. would lead to a more efficient economy wherein there are equal opportunities for producers and consumers. After this. sometimes. which will give rise to higher incomes and an improvement in skill competencies in the labor force. roads. that gainful employment ‗keeps people busy and away from mischief.
‘364 Extending SME loans seems to be a problem for banks. restructuring processes362 will be easier to undergo. These programs could also help students and members of the academe to find stable jobs as part of research and development teams for private companies. According to Rafaelita Aldaba. like in the case of Thailand. as Habito states. instead of building a stronger economy in the long run. An example of this. ―growth built on a flourishing SME sector should do it. Sicat states.368 Expanding opportunities in agriculture and tourism should be one of the priorities when addressing unemployment and underemployment. who are usually the young and undereducated. Thus.‖366 Finally. The crisis was a result of people-pleasing policy directives that the government decided upon for short-run gains.361 As the firms are exposed to outside competition. becomes detrimental to the state of relations between the market and the government. True enough. Investments done by private companies in research and academic institutions to develop solutions should be commended and even encouraged.365 As Habito concludes. it could also be an opportunity for companies to employ competent and efficient workers whom they have already previously worked with.‘360 Protecting inefficient firms that have no chances of exporting or surviving domestic competition should also be avoided. as Habito asserts. the real sources of hope for the jobless are agriculture and tourism.367 These are the sectors that could very well create jobs for the unemployed Filipinos. is the root of the fiscal-crisis program of recent years.‖359 Many of these policies counter market principles and thus. these SMEs are ‗viable source[s] of potential investments to fill the gap. however. these banks charge higher interest rates than what they charge the bigger companies. The creation and maintenance of a better finance environment for small and medium enterprises (SMEs) is also important. since they prefer lending to larger companies. the government should consider lifting interest rate caps to increase credit flows to SMEs and pull up investment rates. The government is also expected to provide the necessary support to strengthen competitiveness by lowering the costs of doing business. as Dr. one other recommendation is to prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. we agree with Habito that the government needs to look beyond the business process outsourcing (BPO) industry to provide jobs for the unemployed in this country.363 A stronger push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector would definitely increase productivity in these two major sectors. 166 .Democratic Deficits in the Philippines: What is to be Done? run.
‘ Push for agricultural and natural resource research and development programs jointly pursued by both the government and the private sector to increase productivity in these two major sectors. Strengthen the poor physical infrastructure of the country. Prioritize drafting policies and programs ‗geared toward facilitating the exit of inefficient firms and entry of new ones. Expand opportunities in agriculture and tourism to address the unemployment issue. 167 . Create and maintain a better finance environment for small and medium enterprises (SMEs). Review laws which have been set for the economy. and investments.Democratic Deficits in the Philippines: What is to be Done? Recap of “What is to be done?” Creating jobs is what the government should really prioritize. Improving the physical environment and the telecommunications sector would help in the quality of product transportation and develop more efficient business transactions. giving stability to employment through a ‗sustained rise of output and productivity‘ creates an assurance in the people of improving welfare standards in the country. including the investment incentives Properly implement set rules and regulations for the business sector and removing special treatment for a particular set of businessmen or companies. and revise those which seem to be outdated. especially those which deal with tariff and trade.
armed with nine automatic rifles and twenty-six single-shot rifles and handguns in the second district of Tarlac province. A Short History of the Communist Insurgency in the Philippines369 On December 26. the New People's Army (NPA) was established. the numbers are not exact.000 members were of cadre quality capable of leading at least a committee or a squad.‖371 As of Liwanag‘s writing in 1988. Party cadres and mass activists had to be absorbed by the urban underground and by the revolutionary movement in the countryside. Out of the total membership. Upon the declaration of martial law in 1972. yet it is estimated to have grown into a definitely larger number than listed in 1988. who had been elected chairman of the Central Committee. A. however. This was facilitated by the ―conjoining of the proletarian cadres from the urban areas and the fighters of the old people's army. base itself in principle on organs of political power built at the village level and facilitate the formation of united front committees and secret cells at higher levels. As of latest date. the National Democratic Front (NDF) was organized ―to embrace the underground mass organizations. land reform and mass-base building.Democratic Deficits in the Philippines: What is to be Done? IV. only a few months after the reestablishment of the CPP. on April 24. 1969. SPECIAL CONCERNS This chapter will detail some democratic deficits on special concerns like the continuing Muslim and Communist insurgencies and food security. 1973. Thus. Amado Guerrero reestablished the Communist Party of the Philippines under the guidance of the theory of Marxism-Leninism and along the general line of national democratic revolution. In carrying out the Communist struggle in the countryside. Guerrero. the CPP has incorporated armed struggle. mainly organized through a legal peasant association and administered by barrio organizing committees. 5. 1968. On March 29.000.‖370 The NPA started with sixty fighters. Insurgencies This section shall discuss the Communist insurgency and the Moro issue which have persisted in the Philippines for the past decades. 168 . subsequently wrote and issued Philippine Society and Revolution in 1969.000 through the urban and rural revolutionary mass movement—in central organizations and in fourteen regional Party organizations. the urban-based legal democratic mass organizations under the broad alliance banner of the Movement for a Democratic Philippines were outlawed and forced underground. The peasant mass base there was about 80. the CPP-NPA-NDF increased its membership to 35.
Manila. culture and way of life of colonial Manila. the Moros were still resistant to their integration into the mainstream politics.373 Their struggle for self-determination dates back to the late 16th century with their fierce resistance against the Spanish invasions in the southern regions of the country.376 integrationist ideals gave way to secessionist ones. They sought self-respect. 2006)372 What is the „Moro Issue‟? Originally.375 The Moro struggle. please see Annex ZG. and some Moro families and key persons worked closely with the government to achieve the integration of the Muslims‘ land. could possibly be divided into three parts. in 1968. Tan‘s book ―Internationalization of the Bangsamoro Struggle‖. corrupt and profligate Filipino elites whose oppressive and exploitative domination of and stranglehold on practically every aspect of life in this country. which lasted from 1976 till 1990. culture and customs into the new Filipino republic. can only be dismantled if the Philippine nation-state itself is dismantled and the captive nations which make-up its components recover their respective sense of nationhood and are subsequently liberated…no choice is left for the Bangsamoro nation but to free itself from this environment of insecurity and the prospects of a bleak future…” (Alonto. However. The present armed conflict is a continuation of the long history of the Moro people‘s struggle against all forms of colonization and subjugation. The Integrationist Approach started after the end of the Pacific War and subsequent proclamation of Philippine Independence. after the Jabidah Massacre. the Secessionist Option (19681976).Democratic Deficits in the Philippines: What is to be Done? (For a more detailed history of the CPP before its reestablishment in 1968. and the Separatist Alternative. the term ‗Moro‘ was coined by the Spanish colonizers to refer to the Muslim inhabitants outside of the capital. dynamic participation in all areas of social development and dignity alongside their men. in subservient collusion with foreign imperialist powers. and acknowledgment of their differences in various aspects of life from the rest of the Philippine territory.) A Short History of the „Moros‟ in Mindanao and the Mindanao Struggle “There can never be significant changes and reforms in a colonially-manufactured synthetic nation-state governed and perpetually plundered by greedy.374 It reached its height in 1971 when the Moro National Liberation Front (MNLF) declared an armed struggle with a demand for an independent state for the Bangsamoro. Although the Americans replaced the Spaniards as the colonizers of the Philippines in 1899. an active. according to the thrust and main ideology ruling each section: the Integrationist Approach (1946-1968). in Samuel K. which were led by the Bangsamoro Liberation Organization of Datu Rashid Lucman of 169 .
and that this Moro Nation that he spoke of was inherently separate from the rest of the Philippines. the Joint Agreement on Safety and Immunity Guarantees (JASIG) was mutually approved to protect the panelists. (For a more detailed history of the three subsections of the Moro struggle. Nur Misuari spelled out the ideological backgrounds and thrust of the MNLF through press releases and public speeches. the peace dialogue with the National Democratic Front (NDF) is at a crucial juncture. the CPP has even ―consistently sought unity. please see Annex ZG. Also. which gave rise to the idea of a Separatist Alternative from 1976-1990. the government had concentrated the Task Force Lawin and organized the "barrio self-defense units" (BSDU) to operate against the NPA. 2005. the government proclaimed the elimination of the NPA and the peasant movement. In fact. which was signed under the Marcos administration. In December 1970.‖377 But since the latter half of 1969. Following the Tripoli Agreement in 1976.Democratic Deficits in the Philippines: What is to be Done? Lanao.‖378 Apparently. however. The declaration proclaims ―the need for peace talks to address the roots of the conflict and arrive at reforms…At least three substantive issues awaited discussion: constitutional reforms. socioeconomic reforms and disposition of forces that are the core of the present armed conflict. the NDF postponed formal negotiations with the government ―to comply with its obligations‖ according to the Hague Joint Declaration approved in 1992 and other agreements. the government suspended the JASIG as a response to the NDF‘s persistent refusal to peace negotiations and continued atrocities committed by the rebel forces. Misuari‘s ideology primarily promoted the view that a ―Moro Nation‖ had really existed even long before the Spanish colonization of the Philippines. cooperation and coordination with the MNLF as well as with other forces of the Moro people even as the Party criticized their acceptance of regional autonomy within the framework of an oppressive state as provided in the Tripoli Agreement. On October 5. NDF spokesman Luis Jalandoni admitted that ―the chance for peace talks is already dim. as NPA units had been destroyed. The government also condemned the use of landmines by the rebels in their offensives as violation of the Comprehensive Agreement on Respect for 170 .) Government Responses to Communist Insurgencies According to Liwanag. The most concrete means of compromise between the government and the Moros was the 1976 Tripoli Agreement.‖379 The rebel group had broken off formal negotiations last year and cited government‘s failure to honor agreements it had forged with them. In 1995.
the NPA is continuing its strategy of taking ―revolutionary taxation‖ from mining operations.‖ In 2004. The Project Ploughshares website shows us a complete breakdown of the highlights of the government‘s engagement with the CPP-NPA-NDF.381 In 2006. In 1998. President Arroyo remained committed to defeating the NPA by the end of her presidential term in 2010. and may explain claims that NPA numbers have been reduced. the CPP-NPA-NDF was named by the US as one of the terrorist organizations. escalated fighting claimed the lives of over 100 people. and attacking police and military targets. a breakaway faction of the CPP/NPA in Mindanao. government forces were ordered to resume full hostilities against the communist rebels. In April 1997. while the military targeted mining regions as a means to sever NPA funding and encourage foreign economic development.‖380 Meanwhile. talks between the two sides resumed mid-year. To date. The UN began an inquiry into this. The international community sharply criticized the Philippine government for its role in the so-called ―extrajudicial killings‖ of leftist activists since 2001. ―after a short respite for peace talks. 97 NDF personnel covered by the JASIG with standing warrants of arrest could be arrested and the suspension of their criminal proceedings could be lifted. both in the military and in the rebel side. signed a ceasefire agreement with the government. Elections in May 2010 were generally considered free and fair. especially on the National Police. but it had little to no success. and it was highlighted with more casualties. The government continued strengthening its military forces. as did attempts by the CPP to create a joint campaign with the MILF. With the move. The government‘s Social Integration Program (SIC) provided financial assistance for 225 rebels in exchange for surrender. Until now. This started another major conflict between the government and the communist group that in 2005.000-strong NPA. rebel attacks increased. Attempts to resume formal peace talks in late 2008 failed. but government forces continued to struggle in the battle against the 7. and remains so until this day. in spite of the lingering conflict since 2001. as listed in the website. despite renewed peace efforts. In May 1999. It was at this point in time too that the RPM-M. In 2003. but increased violence and accusations of electoral fraud marred the results (Project Ploughshares). despite a UN 171 . strengthening its offensive and increasing clashes between the military and rebels. the Philippine Army was ―reassigned counterinsurgency operations on the island of Negros as part of an escalating government campaign against communist rebels‖ (Project Ploughshares). peace talks were again suspended. the NPA was held responsible for bombing many private companies. with the aid of US arms and training. no government or military personnel have been persecuted in relation to the ―extrajudicial killings‖ of leftist activists. as part of the global ―war on terror. mainly in these mining regions. The government then announced additional funding to increase its anti-rebel program.Democratic Deficits in the Philippines: What is to be Done? Human Rights and International Humanitarian Law (CARHRIHL). Hundreds became displaced this year.
economic and social concessions to Muslim leaders. These two avenues gave the Muslim leadership ―a sense of importance they 172 . it could not be denied that bias against non-Christian minorities remained a large barrier towards nationalism. it should be noted that the Christian majority even shared power in the Muslim regions. not to mention the projects by private institutions in the development of the southern regions. This watered down the secessionist and separatist struggles. the minorities have been pushed farther down the list and not given close attention. non-Christian cultures was difficult to eradicate. the Muslim threat to national security could somehow be alleviated. but also in infrastructure and employment. colonial bias against the marginalized. the lack of tangible projects and strained resources accompanying the rapid increase in national population continued to plague the Muslim communities in the South. and they continued to suffer neglect by the government. many Muslim families from Lanao. Despite carefully conceived policy thrusts and programs. The Christian (primarily Roman Catholic) majority in the country not only enjoyed access to abundant resources. But then.Democratic Deficits in the Philippines: What is to be Done? report and government ―disappearance. not only in providing the basic needs such as food. we can observe that the government answers to the challenges of the Muslim struggle have been based primarily on the idea of integration. which. even became political slogans and propaganda.‖382 taskforce documenting military involvement in cases of Government Responses to the Moro Issue Overview Since 1946. This bias continued to affect development and of many policies and programs of the state.383 As priorities shifted. Also. by giving enough political. Cotabato and Sulu opted to cooperate with the national government through appointments in local and national positions. There were limited opportunities for Muslims in government service and even in the private sector. The government was right though in believing that. but also the near-monopoly of national power as well. True enough. especially after the creation of the Commission on National Integration (CNI) in 1957 and the founding of the Mindanao State University in 1968. education and housing. the post-1946 Filipino government sought to eliminate this kind of integration by developing policies which were more or less guided by the constitutional guarantee of religious freedom. Truly. Although integration was primarily based on the Spanish and American promotion of the Christianization of nonChristians throughout the country. according to Tan. as shown during the Integrationist Approach section of this chapter.
1976 Tripoli Agreement The 1976 Tripoli Agreement between the Philippine government and the Moro Islamic Liberation Front was a product of the mediation efforts by the Organization of the Islamic Conference (OIC). and Palawan. North Cotabato. financial and administrative systems were under the autonomous government. in 1976. It was also agreed upon that foreign policy and national defense would be overseen by the central government. Lanao del Sur. which led to drafting of the 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM). ceasefire was declared immediately after the signing of the agreement. The economic. Eventually. Sulu. Tawi-tawi. This started another conflict between the government and the MILF. in 1986. Cotabato and Basilan. 173 . Most importantly. (See Annex ZI for complete text of the 1976 Tripoli Agreement. as well as the venue to project their political and intellectual profiles in Philippine society. and peace negotiations were achieved. after the Marcos dictatorship (the government of the day when the Tripoli Agreement was signed). a ceasefire. Also. and the only logical direction was to conduct peace talks in order to avoid more conflict and loss of lives. with minimal supervision of the central government. namely Basilan. The outbreak of war in Sulu in 1974 between the Philippine military and the then-newly-formed MNLF reduced hundreds of residents to utter poverty and razed Jolo to the ground. an amnesty program. The MNLF claimed that the government did not properly hold on to the end of the bargain. colleges and universities. scores of soldiers and MNLF mujahedeens were killed in the battle. South Cotabato. and some of the other sectors were too. Thus. provided that they would still follow a basic set of rules for the general education system of the state. Zamboanga del Norte. a year after the signing of the agreement. hostilities continued on both sides. Zamboanga del Sur. as properties and valuables were also pillaged or burned down. Lanao del Norte. to end the armed conflict.‖384 Even so. Signed in Tripoli. including Lanao. Sultan Kudarat.) However. the Muslims had the right to set up their schools. was turned into a war zone.Democratic Deficits in the Philippines: What is to be Done? had been seeking. Both parties agreed upon the regions since these areas housed the majority of the Muslim population in the country. a referendum regarding the implementation of the agreement was turned down. and as for the educational system. the latter carrying the promise of a possible joint force between the Philippine Armed Forces and the MNLF. The entire Sulu archipelago. it granted autonomy to 13 geographic regions in Southern Philippines. Davao del Sur. This was the Muslim war of independence that caused the most tragic losses to both parties. Maguindanao. especially because the referendum did not succeed due to the migration and influence of new Christian settlers into Mindanao. Shari‘a law was implemented in their courts. the historic Tripoli Agreement was signed between the MNLF and the government of the Philippines. Libya in December 1976.
signed an agreement in Manila to end the 24-year hostilities in Mindanao between these two parties. the Philippine government. a three-year transitional period. Pangalian Balindong in his 2008 privilege speech to the House of Representatives.000 Muslim refugees destitute. enacted a law creating a Regional Police Force for the Autonomous Government pursuant to the Constitution but remains a dead letter law up to now. there will be a Consultative Assembly. Implementation of the agreement was envisioned to be divided into two phases. there had been more than 120.000 casualties from both parties and left more than 300. (See Annex ZH for the complete text of the Organic Act for ARMM. It was also developed to straighten out the problems brought about by the breaches in the Tripoli Agreement by both the government and the MILF.390 The integration of former MNLF guerillas into the Armed Forces of the Philippines (AFP) as well as the Philippine National Police (PNP) was also envisioned as part of this phase. involved the development of a Special Zone of Peace and Development (SZOPAD).386 By the time this agreement was signed.‖385 Giving a more comprehensive framework for the development of the ARMM. He furthermore mentions that ―the Regional Legislative Assembly [of which I was Speaker]. in 1995. 1996 „Final Peace Agreement‟ In September 1996. the Organic Act also paved the way for the 1996 Final Peace Agreement between the Ramos administration and the MNLF.‖388 Concurrently. led by Chairman Manuel T. It contained a more comprehensive listing of provisions for governance of the region. and the MNLF under Nur Misuari. on behalf of President Fidel V. one of which was Nur Misuari. Phase I. Since the outbreak of war in Sulu. although the Regional Consultative Commission that helped draft the Autonomy Act recommended enough funds for the development of the Autonomous Region.387 which will be the focus of ―intensive peace and development efforts‖ to which investments will be channeled in order to ―spur economic activities and uplift the conditions of people therein. 174 . according to Lanao del Sur Rep. Yan. all these will be established through an executive order.) However. It was designed to further lay down the provisions for the construction of an autonomous region in Mindanao led by Muslim leaders. it has never been implemented because of the refusal of the central government.389 Lastly. and the rights and responsibilities of each person in the ARMM. promote and coordinate the development efforts‖ within the SZOPAD. the war in Mindanao is estimated to have cost the Philippine government $3 billion since 1972. the Southern Philippines Council for Peace and Development (SPCPD) will be established as a mechanism to ―monitor.Democratic Deficits in the Philippines: What is to be Done? 1988 Organic Act for the Autonomous Region in Muslim Mindanao (ARMM) The 1988 Organic Act to form the ARMM was developed and approved during the Aquino administration. Ramos.
it must be stable and permanent. only a proposal for a Comprehensive Compact in January 2010. in which the subsequent law would be submitted to the people in the affected regions in a plebiscite for ratification.393 However. an official said on Friday [April 23. finally peace. Nur Misuari. In an April 24. to continue working on the implementation of the Final Peace Agreement. with no specific.391 Recent Government Responses to the Moro Issue In the privilege speech of Rep. it was reported in the MindaNews article by Arguillas that the ―government and the MILF peace panels have postponed to March their February 18 to 19 meeting in Kuala Lumpur to review the drafts on the comprehensive peace settlement that they exchanged on January 27. economic activities. 2010 news article: The Government of the Republic of the Philippines (GRP) and the Moro National Liberation Front (MNLF) signed a Memorandum of Understanding (MOU) in Tripoli. It must also be meaningful and able to achieve change and. governance.Democratic Deficits in the Philippines: What is to be Done? Phase II consists of a legislative action either to amend or to repeal the 1988 Organic Act of the ARMM. Whatever it is that GRP is willing to give whether autonomy or federalism.‖394 In the course of writing this paper. Libya.‖392 Sporadic pushes for peace talks have happened in the course of the Arroyo administration. The new law will then incorporate the applicable provisions in the 1996 Agreement with new provisions which may later be espoused with an expansion of the territory from the four provinces that currently compose the ARMM. 2010]. tangible document of peace yet.‖ Signing for the GRP was Asst. Camilo Miguel Montesa of OPAPP. The provinces which vote for and opt to be part of the ARMM in that plebiscite (to take two years within Phase II) may then be formally incorporated into a new autonomous region. all the parties concerned also agreed ―to undertake a GRP-OIC-MNLF tripartite process structure to monitor the implementation of the 1996 Peace Agreement and the security. Sec. It must be sincere so that there would be no need to go back every now and then to the negotiating table. he said that ―I urge all parties (the GRP and the MILF) to go back to the table and talk peace once and for all. chairman of Moro National Liberation Front (MNLF). and 175 . We will no longer have reason to fight each other again. but all it achieved were sparse ceasefires and a few peace negotiations. Under the MOU. the government has been working recently on a closer implementation of this Agreement. Annabelle Abaya of the Office of the Presidential Adviser on the Peace Process (OPAPP) said that the implementation of the Peace agreement as embodied in the signed MOU shall be fully carried out. Sec. in the conflict-affected areas. Balindong in 2008. The agreement was signed on Tuesday at the World Islamic Call Society. including the delivery of social services.
and the political levers are held by the landowning Philippine elite. and the lack of educational facilities and even health programs 176 . Examples of these are the insufficiency of barangay roads. Of high priority are some Mamburao farmers. The panels worked on the review of the implementation of 1996 Final Peace Agreement. the sick and the elderly.398 Challenges Posed by the Moro Issue As for the Mindanao issues. one of the major challenges that face the government is the failure of the government to deliver the basic needs and services for the people of Mindanao. the NDF negotiating panel presented a list of 270 political prisoners and asked for their release. women and children.‖397 In Lagarde‘s article.Democratic Deficits in the Philippines: What is to be Done? Ambassador Rezlan Jenie. ―Instead of protesting US intervention. most especially those in the rural areas.‖ the CPP said in a statement. Indemnification of human rights victims. As Roy Lagarde puts it. But NDF protested that the government remained ―unjust to these victims by preventing them from seeking justice‖ in the Philippines. according to Lagarde. which has dragged its feet on agrarian reform since the restoration of democracy in 1986. because it gives them something to do—financial gains if you may.395 Challenges Posed by the Communist Insurgencies While much of Asia has discarded communism for capitalism. ―poverty and social inequity are growing. the NDF desired that the government resolve the following issues before the peace talks between both parties are resumed: Terrorist listing. some people are ―of the belief that a section of the military feels it is in its interest not really to totally defeat insurgencies. Release of political prisoners. The NDF demands the government to at least speak out against the US and European ―terrorist‖ listing of the CPP-NPA-NDF. analysts say. Almost 10. Most of the reasons are basic.‖396 Even the government‘s counter-insurgency efforts have been characterized by brutality and corruption of the military. although there are many. chairman of the Organization of the Islamic Conference-Peace Committee for the Southern Philippines (OIC-PCSP). During the formal peace talks in Oslo on June 22. to test the government‘s sincerity to pursue peace. 000 victims of human rights violations under the Marcos dictatorship have won their case in the US Court of Hawaii. communism still persists in the Philippines. the Arroyo regime in fact invites it. and. 2004. and those whose release orders were signed already by President Arroyo in 2001 but have not yet been released to date.
a deficit in all three is already a critical point to stimulate the people to cause conflict or instigate revolution. lack of trust among the peoples in Mindanao. Corruption is truly a major problem. but also many other indigenous peoples. This also comes with the inability to meet Muslim demands for socio-economic benefits vis-à-vis the more progressive Christian majority population. Relative deprivation is a phenomenon that takes place when there is a discrepancy between the people‘s value expectations (what people expect that they deserve) and value capabilities (what they actually have or are capable of obtaining). and even why there is still a relatively large base of recruits by the NPA.403 thus. and the corruption and insincerity of the national government. In a forum-workshop for Muslim youth leaders held by the Institute for Autonomy and Governance with Konrad Adenauer Stiftung in 2008 in Davao City. Definitely. power values and interpersonal values. Ted Gurr‘s theory of relative deprivation could explain well enough what Mindanao is going through.‖402 It is a type of conflict that could not be ‗calmed‘ by politics and economics alone. the Philippines being branded as one of the most corrupt countries not only in Asia but 177 .Democratic Deficits in the Philippines: What is to be Done? for the citizens. the youth delegates listed five major root causes of the problems in Mindanao: historical injustice. not to mention widespread corruption embedded within transactions. relative deprivation is a ―group of people‘s thinking and feeling‖ that what ―ought to be‖ is different from what ―is. the ancestral domain issue is also one of the major challenges in Mindanao. A deficit in one of these values is already detrimental to a country‘s overall stability. dispossession of land. In Rosalita Nuñez‘ book Roots of Conflict. cohesion between various sectors of the government seems to be a challenge that has spanned many generations. Lastly. Finding a comprehensive solution to this would not only lessen the hostilities between the military and the Muslim population. she expresses the view that the basis of the Mindanao struggle can be thoroughly expressed by the relative deprivation of its inhabitants.399 To put it more simply. it could also give way for a more peaceful environment in the whole of Mindanao. including the indigenous peoples who have inhabited the land since time immemorial. yet very difficult to face or even accept. the challenges for the government seem very simple. for not only Muslims occupy a large chunk of Mindanao land. misunderstanding and lack of cooperation between government offices.401 Bolongaita asserts that the roots of the conflict in Mindanao ―go deep down in the collective consciousness of the people in the island and in the country. Most of the time. implementation problems stem from miscommunication.‖400 There are three forms of these values: the relative deprivation of welfare values. it is also necessary for social reforms which will strengthen social cohesion and stability between multi-cultural Mindanao. cultural and religious intolerance. True enough.
as what could be observed after the infamous Maguindanao Massacre of 2009. True enough. it can be argued that the ―best panacea to insurgencies‖ is good governance. or the pact addresses only the ‗problems‘ of the MILF. to suit the needs of the ever-evolving (not to mention elusive) challenge of peaceful co-existence in the Philippine landscape. says.‖404 and… Definitely. or even developed. 2008) Political Sector As Roy Lagarde puts it. at the end of the day. they had again failed in the span of the Arroyo administration for lack of a good framework for peace and governance in the area. Some of these ‗weaknesses‘ include the ―lack of clarity of the premises of the negotiated settlements‖ and the ―failure to articulate the foundation of these settlements. As Benedicto Bacani stated in his article.and community-oriented” (Mercado.Democratic Deficits in the Philippines: What is to be Done? also in the world. 178 . ―the settlement [in the peace process] may be substantial and comprehensive but will suffer problems in implementation. while things took a better turn through the efforts of the Ramos administration. implementation of the law is also a major problem being faced by both the national and the local government in the region. Mindanao is teeming with arms and political warlords who are omnipresent.‖ There must be some things that should be altered. it was the bad governance of the Marcos administration that gave it more life. a Muslim youth group leader. ―Autonomy has not helped solve the problems that are at the root of the Moro insurgency. as Mujiv Hataman. Definitely. since the laws are not as clear-cut as they should be. there might be a possibility that other difficulties could also be addressed. There are many reasons for the ongoing secessionist and insurgent thought in Mindanao—and most of them stem from what scholars call ‗structural weaknesses‘ of the government and its policies. If this seemingly intractable problem could only be given more attention and action. On the premise that communism thrives on conflict or contradiction. for they did not bring about peace and progress in the whole region since the time they were formulated by the government. the present remedial set-up for both the Mindanao issues and communist insurgencies are not the most effective ones.‖ Truly. Also. One must closely study and develop the solution while understanding both parties and the issues they present. What is to be done? “Military strength and strategies cannot resolve the Mindanao conflict…development assistance must be people. there is no one all-encompassing solution that could be developed and implemented to remedy the situation in conflict-affected areas soon.
Democratic Deficits in the Philippines: What is to be Done? Since governance remains a very important factor in achieving peace, the question of federalism now comes into view. Jose Abueva asserts that a federal government is best suited for the Philippines since it could deliver ‗greatly improved governance‘ by being able to gradually ‗develop greater human and institutional capabilities for governance.405 Furthermore, there shall be developments in decentralization and devolution which could not be attained under the unitary system. However, some problems might still arise especially if the public remains uninformed or even misinformed regarding the federal system of government. Shifting to a federal system of government does not automatically mean progress and peace; it is not a cureall against the deficits of the government and the country itself. Constitutional revisions also require a lot of hard work, and definitely, the country needs more experienced and dedicated statesmen to be able to produce more comprehensive and updated constitutional reforms. Also, since the hindrances of political warlordism and the bondage of citizens to their political leaders have always been present, one possible solution for the rampant political warlordism in Mindanao (and other parts of the country, for that matter) is the complete disarmament of these warlords, regardless of their positions in government, or their connections to the present administration. The government cannot afford to give special treatment in such situations, and a show of strong political will is important to ensure that everyone is equal under the law of the land. Also, most importantly, proper implementation of rules and programs would not be possible if there are loopholes which exist in the law itself. Rules of engagement should be welldefined in order to avoid unnecessary armed conflict which could lead to casualties. Constitutional reforms—especially those regarding territory and management of institutions in the ARMM—should be reviewed and assessed more closely to straighten out conflicting statements and provisions. As for the challenge of public administration and proper implementation of laws, it must be understood that implementation work does not all depend on one particular sector of the government. These laws and programs are interconnected; most of the time, they require more than one branch of the government for smooth accomplishment of specific goals. Most of these laws and programs look good on paper, but they often do not work in the ways they should because of lack of cohesion in the government sector. Objectives would remain empty words as long as only a few are willing to work for it; visions could more easily be realized if the people could see them and work together towards the common goal of peace and progress. Economic Sector Although the Communist struggle and the Mindanao issue are different in substance, ideology and framework, there are problems which overlap between them—especially the allencompassing major problems of poverty and unemployment. Civilians trapped in conflict 179
Democratic Deficits in the Philippines: What is to be Done? zones suffer in poverty and fear, and many innocent lives are taken in skirmishes between the military and the rebels. True enough, Mindanao is a land of contrasts. Although famous for marine and land biodiversity and richness of its natural resources, it could still well be considered the poorest region in the Philippines. Amidst the beauty of its surroundings, a peaceful environment continues to be elusive and people are in for a bleak future if no drastic measures to remedy the peace situation are taken. Various scholars have proposed an array of solutions and recommendations regarding the peace situation in Mindanao, yet, a lot has to be done to really reduce conflict situations and strengthen the peace process. The Joint Needs Assessment for Reconstruction and Development of Conflict-Affected Areas in Mindanao study done by the World Bank appears to have the most feasible propositions and comprehensive solutions regarding the issues. They have divided their proposed solutions into three headings: the Immediate Term, which, as they propose, will serve as ―confidence and trust-building measures‖406 and are ―immediately doable and highly visible projects…[which] will yield quick ‗peace dividends‘ to the community.‖407 This includes ―food aid, construction of core shelters, provision of farm and fishery materials and equipment, rehabilitation of damaged health and educational facilities, and immunization of infants and children.‖408 The second heading, called ―Short Term‖ projects, are ―meant to consolidate gains from the initial round of engagement with the conflict areas.‖409 This includes ―educational assistance to out-of-school youth, rehabilitation of access tracks, small bridges and irrigation facilities, capacity-building for various local institutions and farm and non-farm livelihood projects.‖410 The last is the ―Medium Term‖ heading, wherein plans such as feasibility studies for large-scale agribusiness projects are recommended ―to bring the conflict areas to the path of sustained growth and recovery.‖411 This particular phase will be linked closely with the longterm development goals of the government and the private sector in that area. These propositions made by the World Bank, if done efficiently and in proper terms with both the government and the private sector, may very well lead to the progress of the Mindanao region. Not only that, the framework could also be used for other underdeveloped areas plagued by insurgencies left and right. With all the overwhelming challenges that face the government, it is only right to accept that the government cannot do everything on its own without the participation of civil society and the private sector. Thus, what could make up for the many deficits of the government is closer ties among the private sector, civil society and the government. 180
Democratic Deficits in the Philippines: What is to be Done? Social Sector As Nuñez discussed in her book, one of the roots of the Mindanao conflict is the lack of cultural pluralism. Thus, to fulfill the dream of a ‗society that helps the different peoples in Mindanao gain confidence in achieving self-realization,‘412 one must also bear in mind the importance of addressing social issues. One possible avenue for realization is the development of inter-faith dialogues to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao. These confidence-building measures could help produce ideas to develop conditions to decrease animosity against each other. The enhancement of the Madrasah educational system for Muslim children is also a tool in mitigating the Muslims‘ perceived discrepancy between what they desire and what they can achieve in reality. According to former Education secretary Jesli Lapuz, enhancing the Madrasah program could "positively contribute to the ongoing peace process, make the public education system more intensive and seek to improve the quality of life of Muslim school children through education.‖413 Finally, the involvement of children in conflict zones, is a major problem in Mindanao and in provinces teeming with CPP-NPA forces. This is mostly due to poverty, lack of education and opportunity, and family influence. The exploitation of children by employing them as workers or child soldiers is punishable by law, however, there are still many instances where children are involved in conflicts, and more often than not, they become casualties. Thus, according to Dr. Elizabeth Protacio, former head of the International Committee of the Red Cross (ICRC), the minimum conditions of: (1) safe environment; (2) secure economic base; (3) community resilience enhanced by traditional support networks; (4) mechanisms for protection, including the monitoring of human rights violations and the enforcement of laws,414 would be able to help child soldiers to recover and be socially reintegrated. Also, therapy and counseling would make it easier for the children to overcome the trauma and stress they have gone through. Recap of “What is to be done?” Political Sector Improve on governance and efficiency in delivering social services to the people; proper implementation of rules and programs to render the best service possible Study the pros and cons of federalism—will it be a better solution to the Mindanao issues, or will it exacerbate differences and problems between the central government and local units? Revise and strengthen loophole-riddled laws to decrease so-called ‗structural weaknesses‘ brought about by outdated and compromised legal and justice system. This includes constitutional reforms and further definition and clarification of rules of engagement.
Democratic Deficits in the Philippines: What is to be Done? Implement the complete disarmament of warlords and remove private armies from service to political families in Mindanao and across the country Enhance connections within the government agencies involved in delivering goods and services to the public, and develop an orderly, more efficient system of networks between the government, civil society and the private sector
Economic Sector Immediate Term (1-2 years) Deliver food aid Construct core shelters for displaced individuals and families Provide farm and fishery materials and equipment Rehabilitate damaged health and educational facilities Develop health programs dedicated to the care of infants and children
Short Term (3-4 years) Provide educational assistance to out-of-school youth Rehabilitate access tracks, small bridges and irrigation facilities, Develop projects for capacity-building for various local institutions Implement farm and non-farm livelihood projects.
Medium Term (5-6 years) Draft feasibility studies for agricultural development and agribusiness prospects Make and strengthen partnerships between the government and private sector to push for the development of small and large-scale agricultural businesses
Social Sector Develop inter-faith dialogues as confidence-building measures to further discuss and understand issues which plague both the Muslim and Christian peoples in Mindanao Enhance the Madrasah educational system to cater to the intellectual and social needs of Muslim children Decrease and eventually abolish the presence of children involved in conflicts by safeguarding their rights to life and education, and providing rehabilitation services for children who had gone through episodes of being involved in conflict areas.
416 This is alarming. Also. and those with conflict areas like the Philippines. With the soaring food prices. the Philippines is not exempted.419 However. This is due to numerous pesticides and chemical fertilizers used to either combat pests or speed up crop growth and increase crop yield. this is not happening only in the Philippines. food security is one of the major problems of the world. especially in countries where political and social institutions are fragile. there will be a strain on his labor productivity. and poor health. There are already about 854 million people in the world who are hungry and undernourished. handling and transportation of livestock and fish is hampered due to poor physical infrastructure and lack of methods to preserve the meat and fish for consumption in the markets. These rising food prices could bring about unrest and political stability. Higher incidence of sicknesses brought about by poor handling of agricultural produce is also a challenge. it has gone down to just 30 days. there are more or less 10. As the Food and Agriculture Organization (FAO) keeps a world food price index. this is happening globally. it could be seen that the whole range of commodities has risen by 9 percent in 2006. and definitely.417 Further. Everyday. an even higher poverty incidence. food buffer stocks in the country are diminishing. Another example is Haiti where problems were further compounded by the January 2010 earthquake.418 Challenges to Food Security Food shortages automatically lead to higher mortality rates. but now. A poorly fed individual who could not meet the standards of the Recommended Daily Allowance of required vitamins and minerals is more likely to get sick.000 children all over the world who die of hunger and malnutrition.415 True enough. the first order of the day that a government should push for is to put food on the table of every household. which is exacerbated by inadequate financial resources for goods of major importance for the 183 . Food Security Overview of the Situation With a growing population. Domestic agricultural productivity is further hampered by instability in governance. especially because this means that poor countries will be paying 40 percent more in their food import bills.Democratic Deficits in the Philippines: What is to be Done? B. thus. We used to keep a food buffer stock of 90 days. this means that more people will go under the poverty threshold—the United States Agency for International Development (USAID) projects that 133 million people will be under the poverty line. 24 percent in 2007 and 51 percent in 2008.
small ruminants. livestock and fingerlings is being implemented in 38 of the 49 FIVIMS/AHMP provinces. The League of Municipalities has also conducted a campaign dubbed ―Kung Maliit ang Pamilya. a food subsidy program that provides a daily ration of one kilo of rice to hungry families through children in Grade 1. is now implemented in priority municipalities within FIVIMS/AHMP422 provinces and all villages in the National Capital Region. Kayang-kaya‖ to encourage families to achieve a manageable family size. while programs that support population management cover 28 provinces. according to the website of the DA. serves close to 330. Current Government Projects and Responses421 In the current Arroyo administration. numerous programs addressing food shortages are already being implemented. 3. This is to improve commodity flow and marketing of agricultural products to maximize economic potentials. Some of them include: 1.000 poor families in NCR.423 The FIELDS program of the Department of Agriculture (DA)—which stands for Fertilizers. a component of AHMP which promotes integrated backyard gardening in rural communities through training and provision of seeds and planting materials. especially with the fact that rice is the staple food of the Filipinos—thus it is imperative that we improve on rice productivity. pre-school and day care centres and one of the immediate stop-gap measures to mitigate hunger among poor families. Loans. Agriculture Secretary Arthur Yap said these priority areas for government funding or intervention support will be divided under the twotiered system. a project that provides low-priced but good quality rice and instant noodles to low income families through an accredited store. The Gulayan ng Masa Program. The Tindahan Natin. distribution of poultry. The Food-for-School Program (FSP). Extension. Driers and Seeds—was one of the major programs of the administration to address food shortages. Programs promoting good nutrition on the other hand. Irrigation. The significant dependence on the importation of rice from our neighboring countries by the Philippines is a major challenge.424 Also.420 A large population also constrains the capacity of the government to develop efficient and effective programs for agricultural development. 2. Water transport facilities such as ports and wharf facilities have also been constructed in 33 of the 49 FIVIMS provinces costing about P1. they said it will give ―priority to areas where local governments are willing to provide counterpart funding for farm-friendly programs and to 184 . continue to be implemented in all provinces of the country.4 billion. based on each and every FIELDS component.Democratic Deficits in the Philippines: What is to be Done? population.
together with the involvement of government agencies like the Department of Agriculture. ―We conceptualized a project on food for security with indigenous cultural communities (ICCs). including Kuok and San Miguel Corporation. Immediate supply of seeds. especially in increasing smallholder farmer food production. Enhancing emergency food assistance nutrition interventions and safety nets. feeds. and making them more accessible to all. According to Insigne. a minimum set of options has been provided for guidance to the government: 1. and 4.8 metric tons (MT). or 76 cavans per hectare. Department of Agrarian Reform. rev up the rural economy and create more jobs in the countryside at a time when the global financial flu is expected by international experts to get worse in the year ahead before it gets any better.‖426 What is to be done? To achieve food self-sufficiency and alleviate the challenges of food security. veterinary drugs/services and small pumps. under the leadership of former Chairman Atty. The development of 1 million hectares of ancestral land through a multi-stakeholder approach is envisioned to benefit the country.‖425 The National Commission on Indigenous Peoples (NCIP). 3.‖ Yap stressed that ―the counterpart funds provided by local governments will help offset the impact of the financial crisis by generating economic activities and creating more jobs in the countryside…greater investments in the sector will induce greater economic activity.Democratic Deficits in the Philippines: What is to be Done? the 2.‖ He hopes that the project can be replicated in other areas and benefit the entire country. Department of National Defense. Managing macro-economic implications. The UN has come up with short-term approaches that immediately address the needs of populations.427 The Philippines has already been a recipient of aid from the World Food Programme (WFP) and the FAO. which will. Eugenio A. each country has to develop measures that could increase food supply. or promote economic development and eventually increase the purchasing power of the people.600 clusters spread out in 48 provinces across the country where per-hectare yields are below the national average of 3. and private companies. Increasing smallholder farmer food production. fertilizer. This includes the following: 1. conceptualized and initiated a ―food for security‖ program to show how ancestral lands can contribute to the country‘s food security through agricultural projects. In fact. Adjusting trade and tax policies. in turn. and Department of Environment and Natural Resources. Insigne. 185 . 2.
facilities and other agricultural supplies until they achieve selfsufficiency in producing their own crops for their own families. farm to market roads. Remove constraints to domestic trade to link small farmers to markets. This has been a promise of almost every administration. soil conservation by cash or food for work.428 In the long term. Remove barriers to domestic trade. the UN gives eight points to guide the government: 1. albeit it would be a major challenge to our leaders as to what needs to be done. Support development of producer organizations.429 Achieving self-sufficiency in agricultural production is possible in the Philippines. water and biodiversity. Ensure sustained access to competitive. Ensure secure access to and better management of natural resources. lawmakers must take to heart the needs of the greater population of the Philippines and not to cater only to a select few. Improve rural infrastructure. Invest in agricultural research.Democratic Deficits in the Philippines: What is to be Done? 2. transparent and private-sector led markets for food produce and quality inputs. 2. including land. Another step in attaining self-sufficiency is to provide farmers in rural communities with better access to equipment. Strengthen access of smallholders and other food chain actors to financial and risk management instruments. 3. and 8. 3. there is still a large number of rural agricultural families who have not yet attained the goal of self-sufficiency. 7. and 4. One major recommendation is the implementation of genuine agrarian reform programs which do not patronize selected sectors of society. Improve enabling policy framework. storage facilities. 5. 4. Stimulate public-private investment in agriculture. for sustainable food production growth. yet. 186 . Reduce post-harvest crop losses and community-based food stocks. An equal and fair agreement between farmer-tenants and landlords should be reached through peaceful consultations and conversations between the two parties. 6. As the need might arise for a revision of the current agrarian reform program. rehabilitate small-scale irrigation.
public sector partnerships with the private sector and NGOs in research will definitely help in the promotion of agricultural development. Proper population management and improving education are two of the most basic longterm recommendations to address food shortages. building more quality farm-to-market roads and better irrigation systems would also be needed to increase productivity. Agriculture is the foundation of the growth of the industry. mechanization 5%. especially those crops that need fast drying. seeds 10%. peace-building processes in Mindanao will further ensure food security. As the Department of Agriculture explains. i. not only in that particular region. technology 25%. This is because Mindanao is home to a large agricultural base and has rich natural resources. as Amado Macasaet asserts. It could also help decrease the incidence of spoilage. increasing nutrient content of products. ―Irrigation raises productivity by 25%. In addition.Democratic Deficits in the Philippines: What is to be Done? There is a need to study the proposal of some quarters to transform the National Food Authority into a postharvest service institution. threshers.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price. provision of lower-cost agriculture and aquaculture-based tertiary education programs for the children of farmers who wish to continue managing their own farms should be provided to increase the number of youth who would opt to be farmers and agribusiness people. A few suggestions to increase productivity include finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. Definitely. and optimizing soil usage through alternate cropping. Improving on aquaculture technology could be an answer to food shortage problems. Agriculture solves the problem of food shortage. A higher rate of population growth means more mouths to feed. which could easily cause shortage and increase poverty incidence. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33. educated population would yield higher income rates and higher labor productivity. which could be devoted to scholarly and leisurely activities for the women and children in rural areas. but also for the entire Philippines. and integrated pest management another 10%. True enough.‖430 Improving agricultural technology is a step in solving the challenges of food security. On the other hand. Extension brings in about 15% 187 .e. dryers and other equipment would greatly reduce the time needed to do these things manually. This will help rice farmers realize profit (in relation to the cost of farm inputs) and make them more self-sufficient and increase their productivity. a more maintained. Provision of corn and rice mills. thereby increasing the profit margin for farmers. Also. The strengthening of physical infrastructure. ‗the concentration should be on agriculture. Higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products.
fertilizer. veterinary drugs/services and small pumps to those in need Short Term: Study the proposal to transform the National Food Authority into a postharvest service institution. Recap of “What is to be done?” Immediate Term: Enhancing emergency food assistance nutrition interventions and safety nets. we must be able to optimize utilizing these factors to our advantage.00) instead of on the farm gate price (which is a lot lower) and help farmers to sell rice directly to consumers at that retail price Remove barriers to domestic trade Rehabilitate small-scale irrigation. coupled with the proposal to impose a ceiling on the retail price of rice (for example PhP33.Democratic Deficits in the Philippines: What is to be Done? in productivity. feeds. farm-to-market roads. storage facilities. including land. affects productivity by around 20%. which we cannot control. soil conservation by cash or food for work Reduce post-harvest crop losses and community-based food stocks Remove constraints to domestic trade to link small farmers to markets Medium to Long Term (5-7 years) Improve enabling policy framework Stimulate public-private investment in agriculture Ensure secure access to and better management of natural resources. transparent and private-sector led markets for food produce and quality inputs Support development of producer organizations Strengthen access of smallholders and other food chain actors to financial and risk management instruments 188 . and the environment. water and biodiversity Invest in agricultural research Improve rural infrastructure Ensure sustained access to competitive. and making them more accessible to all Increasing smallholder farmer food production Adjusting trade and tax policies Managing macro-economic implications Provide immediate supply of seeds. it is also only right to say that in the areas that we can control and handle.‖431 Therefore.
facilities and other agricultural supplies until they achieve self-sufficiency in producing their own crops for their own families Speed up peace-building processes in Mindanao. and optimizing soil usage through alternate cropping Improve on aquaculture technology—higher yield from the fisheries sector would lower prices for protein-rich fish which could be used as substitutes for meat and poultry products 189 . i. which will further ensure food security.e.Democratic Deficits in the Philippines: What is to be Done? Implement genuine agrarian reform programs which do not patronize selected sectors of society Provide farmers in rural communities with better access to equipment. building more quality farm-to-market roads and better irrigation systems Improve on agricultural technology—this includes finding ways to prolong shelf-life of products while not using expensive and harmful fertilizers and pesticides. not only in that particular region. increasing nutrient content of products. but also for the whole Philippines Secure public sector partnerships with the private sector and NGOs in research i9n order to help in the promotion of agricultural development Proper population management and improving education are two of the most basic long-term recommendations to address food shortages Strengthen physical infrastructure.
food security and many others that we have not covered in this study. sons. Will shifting to a parliamentary system compel party loyalty and a cessation to party switching? And. The 100 seats garnered by the administration party. We await a legislature who has the political commitment not only to further reform the electoral system but legislate on the constitutional provision on a ban on political dynasties. We await as the three branches of government endeavor to cooperate and deal with our democratic deficits in the areas of education.‖ we are referring to the new leadership in the three branches of government—the executive branch. public-private sector partnership. health. The democratic deficit on the level playing field for those who wish to be voted upon is indeed widening and deepening. has anything changed? Nothing has changed because the political party system is still not composed of party members who will toe the party line and who will collectively embody the wishes in legislation of what they promised the people individually. insurgencies. within the next five years the new leadership needs to focus on certain urgent tasks that correspond to the most critical democratic deficits. is already in danger of disintegrating as many of its elected members are reported to be not too keen to support the Speakership of the former President Gloria Macapagal-Arroyo. corruption. has it really changed? The political party system is still broken. environment. more wives. legislative branch and judiciary—because reforms can only be carried out effectively with all three branches cooperating and coordinating. daughters. there were more ―families‖ who were elected. even euphorically. Many have exclaimed. We believe that the most urgent tasks for the new leadership in order to lay down the groundwork for economic development are as follows. Already. population. Lakas Kampi. When we speak of the ―new leadership. Good housekeeping should be the first priority for the new leadership to be effective in implementing all other reforms. how this first automation of the counting of the votes has radically changed the political environment. some horse trading in terms of choice committee chairmanship and membership are doing the rounds. AFP/PNP reform. rule of law and justice reform. sons in law and the like who were elected at this time than in the previous election. We await a national government that will work in synchronicity with local government units toward resolving governance issues. 190 . in the following order of priority: 1. sisters. did we see a lessening of the political dynasties this election? Alas. The work to eliminate a substantial part of our democratic deficits within the six-year term of our national leaders will require focusing on a list of priorities. But. Indeed.Democratic Deficits in the Philippines: What is to be Done? CONCLUSION As we finished writing this book. the national 2010 elections has just drawn to a close just awaiting the proclamation of the President and the Vice President. So. While most of the recommendations presented herein per issue area can actually be carried out by the concerned Cabinet secretaries and their respective departments. Corruption/Rule of Law and Justice Reform. we are still a long way to go in terms of political party reform.
and eventually. Unless there is peace in the various regions. Public-Private Sector Partnership. it is very difficult. 2. agencies and institutions who believe that something can be done to eliminate our democratic deficits and bring the Sick Man of Asia on his way to recovery. the apathy and procrastination of our people. 5. or simply our unwillingness to devise ways and means for our communities to have a fighting chance. 3. the alienation of the marginalized sectors of our society. although not pleasant. Political Parties/Electoral Reform. Democratic deficits are the consequences of our failures as a people to cope with the challenges of development as we confront them everyday. and to the country as a whole. if not impossible to bring development to those areas. Development can only be pursued if there is a sound working relationship between the government and the private sector. We hope that we have presented you an overall picture of what has been. the apparent incorrigibility of some officials and rank-and-file government workers. Only by ensuring that our democratic institutions are capable and up to par in coping with our democratic deficits can we be assured of an opportunity to reduce or abolish these deficits. where vast potentials for development remain untapped. we merely regard as inconveniences that we can live with day in and day out? Only by dealing with each of these democratic deficits in a holistic manner do we have any hope of rising above our own failures as a people. the failure of our institutions. The recommendations contained herein are the result of the cumulative efforts of the various individuals. embark full throttle towards progress together with his Asian neighbors in the 21st century. 191 . Have we grown so numb and insensitive to the ills of our society such that what other countries perceive as deficits. The new leadership must ensure that a reconfiguration of the political party system as well as the pursuit of electoral reform will be carried out to pave the way for principled and party-based leadership. Peace is a pre-requisite to development. Local-National Government Relations. Democratic deficits are the broken promises of political leaders. but still hopeful of what can be. Implementing policy for development and basic services must be carried out consistently at various levels of governance down to the smallest political unit which is the barangay.Democratic Deficits in the Philippines: What is to be Done? Achieving respect for the rule of law and undertaking reforms in the justice system are very much closely related to eradicating corruption and inefficiency in the three branches of government. especially in Mindanao. 4. Insurgencies. in contrast to purely personality-based leadership that we have now.
a noted political scientist. Political Parties and Political Development. Thus. Government and Politics of the Philippines. 7 Democratic deficits of political parties may be evaluated against their functions. They are as follows: 1. electoral committees and creation of a permanent connection between the two. Usually. parliamentary groups were initially local groups with no political doctrine to guide their programs. 2 Political parties are supposed to have 3 basic characteristics according to Robert Bone. according to him. 2010.I.e. 14. is that political organizations superimpose its control over an indifferent citizenry while government leaders are dependent of the party for election. these groups are formed due to the geographical proximity of parliamentary members or the common desire of these members to defend their profession.6. p. 6 Quoted in Paul Hutchroft and Joel Rocamora. ―Political Parties and social movements. 1972). April 17. Of the former. 1902). 3. Ostrogorki. pp.I. Political Parties and Political Development. It has an organizational structure with lines of authority and power distribution. Later on. ― The electoral system and political parties in the Philippines‖ in Raul de Guzman and Mila Reforma (eds). ( Singapore: Oxford UP. (New York: Harper and Row. Thus. Ostrogorki who suggested that party organizations rose from the needs of an expanding electorate to serve as a linkage between the mass and political leadership. provides us the most comprehensive listing of the functions of political parties as follows: Representation and brokerage: This means the expression and articulation of interest within the party and through the party. The problem. 1966). The extra parliamentary origin of parties. It attracts as much popular support as possible. Self conscious determination of leaders of both national and local levels to capture and hold decision making power alone or in coalition with others. 3. Democracy in the Organization of Political Parties. emerge in the midst of political and economic demands emanating from industrial revolution and the extension of the suffrage beyond the citizen‘s capacity to muster. 3 Joseph La Palombara and Myron Weiner define political parties as having the following salient features: Continuity in organization. He cited two origins of the political parties. 2003. 4 Luzviminda Tangcangco. See M.. p. Labor groups and socialist organizations or the so called parliament of the streets are examples of these groups. Manifest and presumably permanent organizations at and other relationships between local and national units. p.‖ Philippine Daily Inquirer. vol. 8. not simply to influence the exercise of power. states that political parties evolved from groups or associations outside the parliament. small group of notables to plebiscitarian democracy. 94. 2. (Princeton: Princeton University Press. to Ostrogorki. What are the functions of political parties? Roy Macridis. 192 . primarily in the form of votes See Robert Bone. 15 and 20. See Joseph LaPalombara and Myron Weiner. Duverger claims that the evolution of political parties is related to the evolution of national parliaments and the growth of the size of the electorate. 5 Randolph David. 1966). p.‖ Journal of East Asian Studies. political parties become threats to democracy. A concern on the part of the organization for seeking followers of the polls See Joseph LaPalombara and Myron Weiner. according to him. (New York: Macmillan. Action and Organization: An Introduction to Contemporary Political Science. A slightly divergent view of political parties is shared by M. It offers candidates for elective offices on the basis of party programme of principles and goals it wants realized and. thereby. an organization whose expected lifespan is not dependent on the lifespan of the current leaders. 1988). The major function of the party is to provide a direct political vehicle to the interests it represent.Democratic Deficits in the Philippines: What is to be Done? END NOTES 1 How did political parties evolve? Max Weber and Maurice Duverger are the proponents of the Institutional theory which states that political parties evolved from aristocratic cliques. 263. (Princeton: Princeton University Press. the electoral parliamentary origin and the extra parliamentary origin of parties. i. namely. Parties also. on the other hand. ―Strong demands and weak institutions: the origins and evolution of democratic deficit in the Philippines. these groups became ideological groups.87. Duverger describes the establishment of parliamentary groups. becoming subservient to it.
pp. Participation mean that through the party. 1994). pp.‖ n. Deliberation: This refers to the process in which party members come to agreement about major objectives. Recruitment and choice of leaders: This refers to the training and preparation for leadership. a medium of expression of interest and participation in deliberation and choice of policies and leaders is open to all. 101-102. performance of governmental legislative and other functions by party members and most importantly. 91-92. (Mandaluyong City: Asian Development Bank. See Maurice Duverger.. either because they were apathetic. 2005. p. Mr. as follows: That the simple majority system or plurality single ballot system favors the two party system. at the Rizal Ballroom of the Makati Shangri-la Hotel. pp.. socialization and mobilization): These are variants of integration. 2009. exposure to the public. 13 See Elai. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms. Davide. New York. Wiley. Justice Panganiban was the chairperson of the Conference. PoliticalParties. through the government directly or indirectly.d. 217. 9 ―Congress won‘t end reign of political dynasties. Policy Formation: It may refer to the process in which party members create major decision on the basis of the demands of the electorate. 32. That there is a real correspondence between totalitarian regime and single party systems. on Rule of Law Support and Advancement: The Philippine Experience. held on November 28-30. Socialization is the process through which a set of norms about a political system is transmitted to the younger people. 2-3. 1st place winner of the Essay Writing Contest on the Rule of Law sponsored by the Supreme Court in 2007. 15 Asian Development Bank. 2005). Mobilization is the attempt of the party to bring rapidly large numbers of people who formerly stood outside the system. 58. delivered on 20 April 2009 at the Helmsley Hotel. and Asian Development Bank. p. 518. p. 14 Asian Development Bank. Background Note on the Justice Sector of the Philippines. imposes sanctions upon its members and non-members alike. 10 Alfred McCoy. That there is a real correspondence between democracy and multipartism. Background Note on the Justice Sector of the Philippines. ―Rule of Law: The Lamp that Illuminates. Panganiban. 8 Clarita R. p. Control of government: This means the actual function of legislating and governing and the constant effort of the party to control the government and its activities. Repression: The party. That the simple majority system with a second ballot or proportional representation favors multiparty system. Roy Macridis.E. An Anarchy of Families: State and family in the Philippines.Democratic Deficits in the Philippines: What is to be Done? Conversion and aggregation: This function is a variant of representation and brokerage which means the transformation of interests and demands into policy and decision. (New York: Harper and Row. 18. Political Parties: Contemporary trends and ideas. 2009. April 26. Jr.‖ Philippine Daily Inquirer. Background Note on the Justice Sector of the Philippines. 2009. 2009. Persuasion: This refers to those party activities geared to the development and presentation of policy suggestions to gain widespread support. p. pp. Integration (participation. 1997). 19 ADB Country Governance Assessment: Philippines. Permanent Representative of the Republic of the Philippines to the United Nations. 11 Philippine Statement by H. Carlos. 17 Ibid. Dynamics of Political Parties in the Philippines. ignorant. alienated. winning elections. 18 Annual Report 2008 (Annual Report of the Supreme Court of the Philippines) (Manila:Supreme Court Public Information Office. Some hypotheses have been proferred by Maurice Duverger on political parties. Background Note on the Justice Sector of the Philippines. Hilario G. 1-30. ―Ensuring the Success of the Philippine Judicial Reform Program. pp. (Manila: Ateneo de Manila UP. controls the fate of other associations and parties and endeavors to exact obedience and to fashion the minds and loyalties of adherents that does not allow for opposition. 16-17. 1967). indifferent or simply afraid. into the system. Panganiban. 2010. to inculcate interest and secure mass support. 2008). (New York. 217-227. 16 As cited in Asian Development Bank. 1963). 193 .‖ Paper delivered by Justice Artemio V. (Manila: Konrad Adenauer Foundation. pp. 12 Justice Artemio V.
―Rediscovering Olden Pathways and Vanishing Trails to Justice and Peace: Indigenous Modes of Dispute Resolution and Indigneous Justice Systems.. For more information on the impact of the Barangay Justice System. cit..‖ Paper delivered by Justice Artemio V. Available online from http://balita. prosecution. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. Parallel Session C.. Mandaluyong City: Asian Development Bank. ―Court Annexed Mediation(CAM)-Making it Work: The Philippine Experience. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. 26 CPRM Consultants. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines. p. at the Makati Shangri-La. Salvador S. 35 This list was culled from ADB Country Governance Assessment: Philippines. JR. see Ameurfina Melencio Herrera.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 25 The five (5) pillars of the justice system. HILARIO G. 129-158. March 2006. 2005. Judicial Dispute Resolution (JDR) as an Innovative Mode of Dispute Resolution. 4-8. 2008 at http://attyatwork. 93-94. Philippine Statement by H.com/juris-projectsupreme-court-promotes-mediation-and-alternative-dispute-resolution-mechanisms/ See also related articles in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. pp. 2008). are the following: law enforcement. 23 Justice Artemio V. pp. Torres. 29 Ibid. Court Annexed Mediation: Summing Up the Past and Charting the Future. 2008..‖ posted on July 2. pp. Panganiban. 1-23. pp. DAVIDE. p. Metro Manila: National Judicial Institute. see Alfredo F. 32 Ibid.E.. 25-45. pp. p. corrections and community. at the Rizal Ballroom of the Makati Shangri-la Hotel. held on November 28-30. 4-7. 2005. For summary of accomplishments of the JURIS Project. 31 Ibid. 33 Ibid.. 2005. 4-9. 38 CPRM Consultants. 45-58.. Justice Panganiban was the chairperson of the Conference. ―Ensuring the Success of the Philippine Judicial Reform Program. and Eleanor Conda.Democratic Deficits in the Philippines: What is to be Done? 20 21 Marites Danguilan Vitug. 4-10.‖ A Presentation by Justice Ameurfina A. 27 Ibid. 34 Ibid. 24 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. Inc. p. Rights and Justice. 194 . on RULE OF LAW SUPPORT AND ADVANCEMENT: The Philippine Experience. 4-9. Panganiban. Gender. 91-128.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. and Chancellor of the Philippine Judicial Academy. see ―JURIS Project: Supreme Court promotes mediation and alternative dispute resolution mechanisms. Cisnero. op. pp. November 29. chairperson of the Third Division of the Philippine Supreme Court during the Third Plenary Session of the International Conference and Showcase on Judicial Reforms.. p. February 2008).. (Metro Manila: National Judicial Institute. 37 For a more detailed discussion of CAM and JDR.. as used in various studies. Philippines. Carolyn A. judiciary. New York.. pp. A publication of the Justice Reform Initiatives Support (JURIS) Project supported by the Canadian International Development Agency (CIDA). ―Impact of the Barangay Justice System on Decongesting Court Dockets and Broadening Access to Justice: Looking Back and Forward. 224-225. 59-90. (Metro Manila: Justice Reform Initiatives Support [JURIS] Project. 4-5 to 4-6. Traversing Boundaries and the No-Man‘s Land: On Mediation. See also various mediation stories in Most Significant Technique in Mediation Series. Imelda Gidor. 30 Ibid. 4-2.. March 2006. 4-6. Permanent Representative of the Republic of the Philippines to the United Nations. Metro Manila: National Judicial Institute. pp. p. 22 Ibid. 2008. Panga. 2010. p. Mr. pp. delivered on 20 April 2009 at the Helmsley Hotel. See also Maria Roda L. Jr. at the International Conference and Showcase on Judicial Reforms. Inc. retired Justice of the Supreme Court. 36 ADB Country Governance Assessment: Philippines. Melencio Herrera. p.‖ in A Sourcebook on Alternatives to Formal Dispute Resolution Mechanisms. 28 Ibid. 4-8.‖ May 14. Tadiar. 2005. Mercado and Damcelle S. 106107. Mandaluyong City: Asian Development Bank. The lawyer‘s Perspective on ADR in the Courts and its Implication on the Profession. pp.
54 Ibid.Democratic Deficits in the Philippines: What is to be Done? 39 The mobile court provides increased access to justice for those who may avail of: bail/recognizance.gov. 50 Ibid. Vol. Final Report... pp. Inc. Makati City. Shadow of Doubt: Probing the Supreme Court.‖ Presented during the International Conference and Showcase on Judicial Reforms held at the Shangri-la Hotel. 2005. p. 52 ADB Country Governance Assessment: Philippines. Inc. release pending hearing since detention period is already beyond the maximum penalty imposable.A. 104. June 2004. March 2006. p. Background Note on the Justice Sector of the Philippines. 2005. 195 ... 57 ADB Country Governance Assessment: Philippines. see chapter on ―Mortal Combat‖ in Marites Danguilan Vitug. 99.. 2005. 105106. 49 ADB Country Governance Assessment: Philippines. Supported by the Supreme Court and the UNDP. 1. 51 The law states that only the Supreme Court can issue temporary restraining orders against national government infrastructure projects. p. see Associate Justice Adolfo S. Pacoy. p. Mandaluyong City: Asian Development Bank. 62 See Veronica A. 131-132. pp. p.. p. Philippines on 28-30 November 2005.‖ Available online from http://apjr. 48 For a detailed account of this crisis. p. 46 ADB Country Governance Assessment: Philippines. 44 Cited in Marites Danguilan Vitug. 107. cit. No. 47 Ibid. op. 66 The Project Management Office (PMO) of the Supreme Court handles and coordinates the Action Program for Judicial Reform.judiciary. diversion under R. June 2004. Institutional Strengthening of the Shari’a Justice System (Phase 1). 55 Ibid.. p.ph/news_2007/news_aug2008_02. Azcuna. p.P. p.‖ Available online from http://apjr. mittimus for transfer to Bureau of Correction/National Bilibid Prison. Jimenez.ph/news_2007/news_aug2008_01. and referral for medical/psychological treatment. 9344/referral to mediation. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice.. 2009. Inc. 4-5. 2010. op. Mandaluyong City: Asian Development Bank. 58 These recommendations were culled from CPRM Consultants. 111.gov. 53 CPRM Consultants. ―The Justice on Wheels of the Philippines. (Mandaluyong City: Asian Development Bank.. Institutional Strengthening of the Shari’a Justice System (Phase 1). plea of guilty and sentencing. Mandaluyong City: Asian Development Bank. Presidential Decree No. 4-3. pp. Inc. Mandaluyong City: Asian Development Bank. 1818. 65 CPRM Consultants. 67 E. Available online from http://balita. except in cases that involve constitutional issues and if the matter involved is of extreme urgency. 128. Quezon City: Public Trust Media Group Inc. 107... 132-135. 60 These recommendations were culled from CPRM Consultants.‖ JOAAG. 103104. p. Supported by the Supreme Court and the UNDP.. 56 Ibid.html 63 National Prosecution Service 64 Asian Development Bank. 2010.‖ May 14. 4-4. 106. 43 Cited in Marites Danguilan Vitug. June 2004. See Atty. 61-85. 4-2. 117. p. pp. Institutional Strengthening of the Shari’a Justice System (Phase 1). 2005). 2005. cit. 2005. Supported by the Supreme Court and the UNDP. 59.html 40 For more details on how the ―Justice on Wheels‖ program was initially implemented. 3. Mandaluyong City: Asian Development Bank. Final Report. ―Justice on wheels goes to work in Manila. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. also prohibits the issuance of injunctive writs against government projects. 61 ADB Country Governance Assessment: Philippines. Final Report. Saguisag. Jackie C. 2008.judiciary. 45 Ibid. ―Judiciary-wide Court Management Information System (CMIS) launched: Seen to Help Reduce Caseload and Delays. p. March 2006. enforcement of prior order of release. p. No. 104. Inc.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justice-corona-preserveintegrity-of-the-high-court/ 42 ADB Country Governance Assessment: Philippines. ―Tracking Anti-Corruption Initiatives: Perceptions and Experiences in the Philippines. 41 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. 59 These recommendations were culled from CPRM Consultants. pp. Another law.
net/index.co.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. and Switzerland at 9.‖ Obejas is Prosecutor III. 85 ―We have blatant and quiet corruption.bbc. it provides an indicator of how corruption is affecting individuals on a national level and how efforts to curb corruption around the world are viewed on the ground. Manila.‖ Philippine Daily Inquirer. and solid. 84 Cited in Edgard Tordecillas.‖ BBC. ―Wiping Away the Footprints of Corruption in the Philippines.‖ Manila Bulletin. ―A Practical Approach to Combatting Corruption: The Value Chain Methodology. 83 Ibid. Corruption and Anti-Corruption. Department of Agriculture (DA). available online at http://transparency. 196 . Asia Pacific School of Economics and Management & Australian Institute of Criminology.‖ in The Governance Brief. Department of Justice. Edgardo Campos. R.ph/statdata/monthly/mo_debtindicator. Ordinario. trails neighbors in Transparency International‘s corruption index. National Prosecution Service.3. ―Integrity Initiative.P. 73 Concept by Robert Klitgaard. 2010. long-established conflict of interest regulations. 75 Mario B.132 respondents from 69 countries. Elements and Approaches. 78 E. 68 The main findings presented in the global survey are as follows: • Corruption in the private sector is a growing concern among the general public • Political parties and civil service groups are perceived to be the most corrupt sectors around the world • Petty bribery is reported to be growing in some parts of the world –with the police the most likely recipients of bribes.‖ available online from http://www.uk/2/hi/asia-pacific/1057716. Wolanin (eds). • Ordinary people do not feel empowered to speak out against corruption • Governments are considered to be ineffective in the fight against corruption – a view that has remained worryingly consistent in most countries over time. Philippines. According to Tordecillas. December 6. while a country scoring 10 in the index is perceived to have low levels of corruption. both comprised of domestic and foreign debt. the index lists countries from the ―free‖ (80 points and higher) to the ―repressed‖ (below 50 points).ederic. Controlling Corruption. 77 The four government agencies arethe Department of Agrarian Reform (DAR).‖ Manila Bulletin.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 69 P. The CPI measures the perceived levels of public-sector corruption in a given country and is a composite index. January 31. 2010. Collective Action 101: Principles. ―Boncodin defends pork barrel. 2001.gov. Regional and Sustainable Development Department of Asian Development Bank. drawing on 13 different expert and business surveys. (Berkeley: University of California Press. Larmour & N.stm 72 Cited in Joselito D. 10. 2000. op. As a poll of the general public. 82 Ibid. 76 Ibid. functioning public institutions. It is the only worldwide public opinion survey on views and experiences of corruption. Available from http://opinion. 79 According to Transparency International. 70 This consists of the National Government Debt and the National Government Debt Service. Issue 16.‖ Business Review. Land Transportation Office (LTO) and the Philippine National Police (PNP).php/component/content/article/83-opinion-columnist/13430-we-have-blatant-andquiet-corruption See also ―RP is 4th most corrupt in Southeast Asia. Asia Pacific Press. With a maximum score of 100 points. Pacoy. Available online from http://news. May 8.com.ph/node/247016/corruption-wor 86 Ibid.treasury. the report offers the greatest country coverage todate at 73. 74 This was formerly known as Countrywide Development Fund (CDF). Denmark at 9. 1988).org/?p=10#more-10 81 Ibid.inquirer. Office of the City Prosecutor of Manila. March 10. a country receiving a score of zero is perceived to be highly corrupt. February 2010. cit. TI explains that these scores reflect political stability.mb. Note: Highest scorers in the 2009 CPI are New Zealand at 9. 2007. 80 Cai U. 2010 available online from http://www. 87 This is prepared by The Heritage Foundation in cooperation with the Wall Street Journal. Cited in J. (2nd Assistant City Prosecutor).2.pdf 71 Nicholas Nugent. Singapore and Sweden tied at 9.0. p. A Publication of the Capacity Development and Governance Division. ―High cost of Corruption in Philippines. R. Obejas.P.4. Casayuran.manilatimes. See http://www.
‖ Manila Bulletin. Transformation.inquirer.. pp.‖ n. The forum was organized by the International Center for Innovation. 100 each from Metro Cebu and Metro Davao.‖ Philippine Daily Inquirer. The ratings of agencies' sincerity in fighting corruption were graded into Very Good (net +50 and above).. Y.. which together generate regularity in behavior and allow people to get on with everyday business. p. ―The main source of graft—Part II.. 94 LTSG. N. D. 95 Farzana Nawaz and Alfred Bridi. 2000). 96 Marites Danguilan Vitug. B4. 2010). ―P7. The study ―zeroed in on the civil service in its capacity as ‗repository of expertise and institutional memory and implementer of policy‘ and defined institutions as the incentive systems that structure human interaction . 22-23. Bad (-30 to -49). ―Corruption pulls down RP freedom ranking.Democratic Deficits in the Philippines: What is to be Done? Ronnel W. 99 As reported by Mario B.14B lost in DA‘s ‗wasteful‘ operation. (Manila: Senate of the Philippines. Kaufmann. 2010 at the AIM Conference Center in Makati City. 228-229. 2010 at the Asian Institute of Management (AIM) in Makati City. Research funded by the United Nations Development Programs (UNDP). p. Available from http://opinion. 2009 using face-to-face interviews of 550 top and middle-level enterprise managers (error margin of ±4%). Casayuran. sponsored by The Asia Foundation.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 108 Vinay Bhargava. 1993).. Dailami. Moderate (+10 to +29).‖ Human Development Network Discussion Paper Series. 100 Senator Leticia Ramos-Shahani. Opinion Section of the Philippine Daily Inquirer.‖ Philippine Daily Inquirer. 5-6. R.tag. Bhargava was formerly Country Director of the World Bank for the Philippines. p. Kishor. January 22. p.d. Social Weather Stations. January 31. V.org. Neutral (-9 to +9). ―The Philippine Bureacracy: Incentive structures and implications for performance. 106 Vinay Bhargava. 2010. The 2009 SWS Surveys of Enterprises on Corruption were conducted from November 3 -December 5. Transparency International. 2010. M. op. 366 of whom from randomly drawn Small and Medium Enterprises.the formal rules. Changes were considered "notable" when the rating moved in a different grade. 2008. ―The banality of corruption‖ in his column ―Passion for Reason.. 97 Toby C. Anthonio F. 2010. cit. 88 91 92 Cited in Larmour and Wolanin. & Wang. 2002. 103 Ibid. pp. Domingo. May 8. Moral Imperatives of National Renewal: Readings on the Moral Recovery Program.‖ n. A. p. and the Hills Program on Governance. ―Combating Corruption in the Philippines. 93 Ibid. The forum was organized by The Asia Foundation. Monsod. 102 Raul Pangalangan. PHDR Issue 2008/2009 No. pp. Shadow of Doubt: Probing the Supreme Court. The forum was held on January 30. March 15..ph) research and advocacy project.17.Asian Institute of Management. Poor (-10 to -29). (New York: The World Bank and Oxford University Press. ―Boncodin defends pork barrel.‖ Malaya. February 16. 2010. 197 . López. Dhareshwar. 90 Presented by Social Weather Stations President Mahar Mangahas at the "Forum on the SWS 2009 Surveys of Enterprises on Corruption and Anti-Corruption Strategies" on February 11. SWS is a member of the Transparency and Accountable Governance (www. ―Combating Corruption in the Philippines. Bhargava was formerly Country Director of the World Bank for the Philippines. 2010. and 184 from randomly drawn Large Corporations. 2010. 4. January 29. in partnership with the AIM and with the support of the National Endowment for Democracy. 89 Ibid. and 75 each from Cavite-Laguna-Batangas (CALABA) and Cagayan de Oro/Iligan City. 7..‖ 98 Ibid. Dennis Gadil. 105 Thomas.‖ U4 Expert Answer. 7. informal constraints and enforcement characteristics. ―Corruption in the Philippine Navy Procurement System.. The Quality of Growth. (Quezon City: Public Trust Media Group Inc.‖ Philippine Daily Inquirer. 104 Vicente T. The sample enterprises were drawn from five study areas: 200 in Metro Manila. 107 ―Curbing Corruption. and Very Bad (-50 and below). August 17.‖ in Mapping the Future.et al. B2. ―Overview of Corruption and Anti-Corruption in the Philippines.d. and Excellence in Governance (InciteGov).‖ Masteral Dissertation. 101 Ibid. Good (+30 to +49). Trillanes IV. Villegas.
Vol II. cit. 132 Bhargaya. Opinion Section of the Philippine Daily Inquirer. Philippine Daily Inquirer. May 30. op. 2009. op.inquirer.Democratic Deficits in the Philippines: What is to be Done? ―Curbing Corruption. 124 Ibid. May 8.world-psi. 2005.yahoo. 127 Ibid.. 115 Bhargaya.org/stories/1999/ram2. Danny Lim and Col.inquirer.net/mindfeeds/mindfeeds/view/20071207-105462/The_Caricature_Coup___ Note: LTSG. 123 Tordecillas. 119 Based on a recommendation made by LTSG. 522-523. 2010.. pp. 126 Mario B.pcij. p. 8. op.‖ Philippine Daily Inquirer. Local Government in the Philippines. Available from http://opinion. Gen. 131 Based on a recommendation made by LTSG.org 121 Adrian Wood. ―Global Networking : The Caricature Coup.html 129 ―Curbing Corruption. 13. 1998)..‖ 2002. cited in Tordecillas. 136 Obejas. pp. pp. December 7. January 31. cit.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 117 Ibid. Available from http://opinion. 12-13. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System. cit.ph/search/lce 139 Alex Brillantes. B2.‖ Philippine Daily Inquirer. 134 From Obejas. Available online from http://opinion.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 130 Ibid.‖ GMANews.dilg. Villegas. op. 138 Figures are from the official website of the Department of the Interior and Local Government at http://www. 107. p.com/gma/20100530/tph-cbcp-offers-masses-for-freedom-of-in-d6cd5cf.news. op. ―Another coup is unlikely. op. Ariel Querubin likewise ran for the Senate in 2010 but had unsuccessful bids. 2010. 7. 23.inquirer.. 6.‖ Business Mirror. Trillanes in his masteral dissertation entitled ―Corruption in the Philippine Navy Procurement System. op. p. pp. May 8. September 4.‖ available online from http://www. p. p. p. ―Creating a Tidal Wave Against Corruption in the Philippines. op.‖ INQUIRER. 135 Cited in Obejas.inquirer.inquirer. 116 ―Curbing Corruption. 106-107. 122 Vicente T. Anthonio Trillanes IV. (Philippines: CORAsia. 142 Amando Doronila. 2010. Available from http://opinion. 141 Rodel Rodis....net/inquireropinion/columns/view/20071203104472/President_hostage_to_guns_of_gov%92t_troops 143 Ibid.TV. Casayuran.gov.. cit. Available online from http://globalnation. cit. 140 ADB Country Governance Assessment: Philippines. 120 Donna Mcguire.. ―Collective Action against corruption. Inc. p. cit. 2010.‖ in Analysis. cit. 111 Ibid. ―The main source of graft—Part II. p. ―Analysis : President hostage to guns of gov‘t troops... 133 Ibid. ―Integrity Initiative…‖. etc al. 114 Monsod. 125 Bhargaya. December 03.‖ Philippine Daily Inquirer. cit. May 8. 2010.‖ Available online from http://www. cit. who was one of the leaders of the 2003 coup attempt.‖ in Mapping the Future. 137 Bhargaya. Asian Development Bank.html 109 198 . 2007. 118 Obejas. cit.. 112 Ibid.net/inquireropinion/talkofthetown/view/20100508-268822/Curbing-corruption 110 Ibid.‖ Manila Bulletin. 128 ―CBCP offers masses for Freedom of Info bill. ―Boncodin defends pork barrel. p. March 15. 2007. 113 Ibid. 12. ―Five year assessment of the implementation of the devolution in the Local Government Code‖ in Tapales. op. Available online from http://ph. 2010.‖ 2002. 144 Philippine Center for Investigative Journalism. 7. ran for the Senate and succeeded but remains incarcerated. op. 106-107.net.
‖ Philippine Daily Inquirer.‖ Inquirer. p. Available online from http://www.. 2010.tv/story/189527/comelec-asked-toallow-reshuffling-of-partisan-police-chiefs 157 ―Roxas: PNP Zambo Sur Should be Accountable for Murders. 2010. 2009. 2010.net/inquireropinion/columns/view/20100406-262605/On-military-intervention 148 Ibid.html 150 Asian Development Bank. Available online from http://dateline.ph/press_release/2010/0120_roxas3.‖ STARweek.TV. 2008.‖ Press Release from the Office of Senator Mar Roxas.org/imag/Excerpt/military. See also AFP. 66. 153 Ibid. Available online from http://www. Panganiban. Simbulan. 165 CPRM Consultants. Joint Letter Directive 012010.html Based on We Were Soldiers: Military Men in Politics and the Bureaucracy. ―Comelec asked to allow reshuffling of ‗partisan‘ police chiefs.org/stories/the-blood-politics-of-abra/ Ma.net. where she grew up.asp 158 Abigail Kwok and Marlon Ramos. Armed Forces of the Philippines and Philippine National Police. ―PNP warns mayors from using cops during election period. 166 Artemio V.‖ available online from http://www. 2009.org/stories/1999/ram.gov.senate. 169 ―Public Schools Overcrowded. Available online from http://opinion. p. Available online from http://www. a pamphlet published by the Friedrich Ebert Stiftung. Conformed by the Commission on Elections.gov.pcij. 2010.aspx?articleid=505720 163 See http://www. January 20. Available online from http://www.‖ Senate of the Philippines 14th Congress.groundreport.. 154 See AFP-PNP Joint Operational Guidelines for 2010 National and Local Elections. 44. ―The blood politics of Abra. 78 of the President of the Republic of the Philippines Dated July 30.inquirer. Available from www.org/HotSeat/davidereport.‖ GMANews.inquirer. 44.senate. Below World Standards. available online from http://pcij. ―Transforming the PNP. p.‖ March 24. Available online from http://www. Study supported by the United Nations Development Program (UNDP) and the Supreme Court of the Philippines.articlearchives.html 164 THE REPORT OF THE FACT FINDING COMMISSION Pursuant to Administrative Order No.pcij.ph/press_release/2009/0606_escudero2.com/archives/editorial/ed-000066.‖ Philippine Daily Inquirer. April 2010. April 27. 168 Ibid. YONIP Editorial. Tan.newsflash. 47. Background Note on the Justice Sector of the Philippines. Simbulan.gov. p.‖ The Philippine Star.philstar.ph/?p=10002 156 Kimberly Jane T. Available online from http://newsinfo. 146 ―Out of the Barracks.com/law-legalsystem/constitutional-law-freedom-press/230758-1. available online from http://opinion. 2010. ―60% of Police Force ‗Live Below Poverty Line‘: PNP General.php?option=com_content&view=article&id=173:pnp-mountsaggressive-police-action-on-private-armies&catid=1:latest-news&Itemid=50 160 Ma.pcij. ―Commentary: On Military Intervention. 2003. The Politics of Military Intervention. April 6. Available online from http://www. Vol. 151 Ibid.ph/cms/index. 149 Cecille M.html 147 Roland G.‖ Manila Bulletin. PNP can‘t install transition president. April 7. 47.html This also appeared as Roland G.org/2004/02/sb/sb005484. 155 Dateline Philippines. 4-6.inquirer.‖ April 23.Democratic Deficits in the Philippines: What is to be Done? Glenda Gloria.pnp. 1999. 12 February. ―PNP mounts aggressive police action on private armies.gmanews. ―PNP chief to retiring police officers: Quit your posts. Available from www..net/breakingnews/nation/view/20100407262848/PNP-chief-to-retiring-police-officers-Quit-your-posts 159 Public Information Office.‖ February 14. Inc.asp (6 June 2009) 145 199 . March 2006. Conduct of Further Study on Operations and Linkages of the 5 Pillars of Justice. p. 2008. ―The RAM Boys: Where are they now?.htm. Available online from http://www.. Ayn Ballesta is the pseudonym of a member of a prominent clan in Abra. available online from www.yonip. 2010.‖ December 1-2. September 16. 2006. Local Police Reshuffle Should Focus on Areas Where These May be Used for Partisan Politics.‖ March 27.com/World/PNP-Promotion-System-Hit/2858173 162 Jess Diaz. Suerte Felipe. 152 Ibid.com/article. Submitted to the Office of the President on 17 OCTOBER 2003. ―Toedoro: AFP. 2 June.net/inquireropinion/columns/view/20080615-142723/Education-for-all (15 June 2008) 167 Ibid. ―Education for All. Ayn Ballesta. 2007. 161 ―PNP Promotion System Hit.
196 These points were discussed and proposed by Prof. Available online from http://www. enrolment ratios were calculated using the 7-11 age group for population. 2010 at the NISMED.‖ Philippine Daily Inquirer. May 18.html (24 August 2009) 171 Carl Marc Lamota. 184 Luz. cit.‖ The New York Times. 2008). 179 Ibid. Villas. Bernardo and Prof. Prof. Diokno. Bernardo and Prof. ―The Philippines Face Classroom Shortage. Abad.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. education reform campaign launched to elect Education President. and short summer vacations. Dina S. 29 April 2010. (New York: Little Brown and Company. in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9.org/philippines/8900.110mb.uis. UP Diliman. Prof. Allan B. Source: UNESCO Institute for Statistics database. Since 7 is the most common entrance age. See also Malcolm Gladwell. Quezon City. Ma. p. Prof.org.‖ Philippine Daily Inquirer.bulatlat. Serena I.‖ Bulatlat. Quezon City. Ma.Democratic Deficits in the Philippines: What is to be Done? Seth Mydans. cit. 182 Ibid.org. ―The State of Philippine Public Education: Problems and Approaches. Dina S.com/2009/08/25/world/asia/25iht-phils.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. 250-269).nytimes. Ma. not school days‖ in In Our View. 180 Ibid.Ocampo in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Bautista. 185 Anna Liza T.ph/wpcontent/uploads/2009/05/dp01_luz. Outliers: The Story of Success. cit. http://gmr.ph/downloadables/Butch%20Abad. op. Cynthia Rose B. Allan B. professor of sociology and former Dean of the College of Social Science and Philosophy (CSSP). 190 Professional Regulatory Commission 191 This has been proposed by a number of educators including Prof. 224-249) and Chapter 9 entitled ―Marita‘s Bargain‖ (pp. (New York: Little Brown and Company. Bautista. UP Diliman. 192 These points were discussed and proposed by Prof. 188 Roger Posadas. 170 200 . 2010 at the NISMED.com/BESRA%20brochure. Daily Herald. 178 Ibid. 183 Ibid.pdf. Zambia-Binay. 2010 at the NISMED. Ma.unesco. Quezon City. 186 ―Basic Education Sector Reform Agenda (2005-2010). Dina S. Available online from http://heraldextra. Cynthia Rose B. Ma. Diokno. Outliers: The Story of Success.com/news/opinion/editorial/article_fdd1084a-3a9b-5656-aab5-65f9e6113fc6. 193 See ―Slash the fat. 187 Philip C. For a Gladwell‘s detailed discussion of the implications of school days and long summer vacations.‖ Philippine Daily Inquirer. Dina S. Cynthia Rose B.html (2008) 173 Note: Children enter primary school at age 6 or 7. Ocampo. Ma. Serena I. 260. professor of Reading Education and Dean of the UP College of Education. Prof. an experimental public school which has longer school days and school hours. UP Diliman.‖ available online from hdn. Quezon City. ―UN report ranks RP education behind Tanzania. 260. 2010. 24 January 2010. available online from http://www. ―10-pt.I. Serena I. 194 Malcolm Gladwell. Prof.unicef.‖ UNICEF Philippines. see Chapter 8 entitled ―Rice Paddies and Math Tests‖ (pp.‖ available online from www.fnf. Bautista.com/news/5-17/5-17-woes. 2010 at NISMED. Cynthia Rose Banzon Bautista. 195 These points were discussed and proposed by Prof.I. op. UP Diliman.‖ available online from http://efa2015. 2008).org/selectIndicators.html. available online from www.pdf (26 September 2007) 176 Juan Miguel Luz. Diokno. Allan B. ―The Challenge of Governance in a Large Bureaucracy (Department of Education): Linking governance to performance in an under-performing sector. op.htm (2005) 172 ―Education: Issue. 189 Luz. Prof. and Prof.I.aspx (2009) 174 UNICEF Philippines. p. Ma. 175 Florencio B. cit. op. 23 February 2010. 181 Ibid. ― Back-to-School Woes Worst Ever. Tubeza.pdf (2009) 177 Abad. ―Suggestions for Education Nation. Bernardo and Prof. as well as the experience of the Knowledge is Power Program (KIPP) Academy.
‖ in 16 New York University Environmental Law Journal 711 (2008). ―Blueprint for Universal Health Care 2010-2015 and Beyond. ―Human Rights. ―Blueprint for Universal Health Care 2010-2015 and Beyond. p. ―Blueprint for Universal Health Care 2010-2015 and Beyond.edu. ―Resource Security Bridging the Divide Between Energy. Bridging Multiple Divides held at Hilton San Francisco. 2008. USA on March 26. was appointed as the Special Rapporteur in 1991 by the United Nations Sub-Commissioner on Prevention of Discrimination and Protection of Minorities. 217 Ayesha Dias. Challenges and Actions‖ held on 1314 May 2004. Quezon City.php?i=289 203 204 206 Philippine Development Forum Working Group on Millennium Development Goals MDGs) and Social Progress. 1999). 2010 at the NISMED. (18 April 2008) 201 Edgar M. Fatma Zohra Ksentini.org/ctrydrmnotes/Philippines.‖ available online from http://www.org/Report. Retrieved June 25.up. Shelton.scribd.org/default.up. 224 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. 198 The UP Forum.pdf 201 . (United Kingdom: Princeton University Press.php?i=289 197 ―The Philippines Health Sector Reform Agenda. p. p.righttoenvironment.‖ Human Development Report 2000 Background Paper.pdf 207 The Milk Code 208 Sexually transmitted disease 209 Local Government Code 210 Health Human Resource 211 Health Sector Expenditure Framework 212 Injecting drug users 213 Philippine Health Insurance Corporation or PhilHealth 214 See Javaid Rehman.msh. 2008 from http://www. ―Health Sector Reforms: A Progress Report. Environmental Human Rights.com/doc/243953/Malnutrition-in-the-Philippines 202 The UP Forum.‖ available online from http://erc.usaid.up. Retrieved July 14.allacademic.org/hsr/index. 219 Stand Up for Your Rights is an international human rights NGO based in The Netherlands.aspx?ReportId=77822. Int'l L (1991).htm Ibid. RN.html 222 Workshop on ―Natural Resource-Based Conflicts in the Philippines: Trends. J. RN and Joanna Ruth Palermo. 2008 from www.‖ available online from http://pdf.‖ Stand Up For Your Rights has a "Right to Environment" Campaign. 200 IRIN. 218 Ms.ph/upforum. Security. cit. ―Philippines: Nutrition gains at risk. Diokno in a forum entitled ―The Promise of Redemption: BESRA and the Need for Higher Education Reform‖ held on March 9. Ma. op. 221 Jenny Kehl. 5.edu. a human rights lawyer from Algeria and a member of the Sub-Commission. Homer-Dixon. Politics and Policy" Paper presented at the annual meeting of the ISA's 49th Annual Convention.‖ available online from http://www. 6.edu.com/meta/p_mla_apa_research _citation/2/5/4/2/9/p254298_index. ―Biochem Report 20017-2008: Malnutrition in the Philippines. UN Office for the Coordination of Humanitarian Affairs. International Human Rights Law: A Practical Approach 6-7 (2003) and David Takacs.Democratic Deficits in the Philippines: What is to be Done? Proposed by Prof. See http://www. ―The Public Trust Doctrine. available from http://gfdrr. Serena I. Environment. and violence.ph/upforum. Economy. scarcity.ph/upforum. 205 The UP Forum. 6.‖ available online from http://www. and the Future of Private Property. Gerodias.asp?pid=83 220 Ayesha Dias.‖ 28 Stan. Environment and Development: With Special Emphasis on Corporate Accountability.irinnews. 216 D. Environmental rights and the Right to Environment. which focuses on ―human rights issues that are intertwined with a sustainable future of people and all life on this planet.‖ available online from http://www.ph/downloads/Annex_2_FINAL_PDF_Health. CA.gov 223 Thomas F.‖ available online from http://www. 215 Principle 1 of the Declaration of the United Nations Conference on the Human Environment also referred to as the 1972 Stockholm Convention. San Francisco. UP Diliman.php?i=289 199 Ibid. "Human Rights.
8. explains this as interviewed by Michelle V.‖ 240 See http://www.500 species of vascular plants (> 0. available from http://www. 233.php?article_id=231994.aspx 237 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. which introduced quantitative thresholds for the designation of biodiversity hotspots: To qualify as a hotspot.) December 8. (Pasig City: Philippine Center for Investigative Journalism.org/xp/hotspots/hotspotsscience/Pages/hotspots_defined.org/xp/Hotspots/philippines/Pages/default.. p. De Vera. 235 See official website of Conservation International‘s Biodiversity Hotspots featuring the ―Philippines. 4th edition. The Philippines. Tribune. climate change blamed for massive flooding. 3. (Pasig City: Philippine Center for Investigative Journalism. ―The Costs of Extraction. 244 Philippine News Agency. 229 Economist Ernesto Pernia. 1997). 2009. 202 . 2010. (Manila: Philippine Education Company. p. Statement from Legal Rights and Natural Resources Center. edited by Teresa S. Inc. 2010. 1982). Balgos. June 2009. Remo. 10. Country Environmental Profile – Updates. 242 Howie G. Conservation International adopted Myers‘ hotspots as its institutional blueprint in 1989.‖ available from http://www.‖ in Saving the Earth: The Philippine Experience.biodiversityhotspots. 2009.‖ Philippine Daily Inquirer. January 18.aspx Accessed on May 4. May 16. 8.biodiversityhotspots. 4th edition.mb. This can be thought of as a measure of ‗irreplaceability. 249 Gunther Handl.org/xp/Hotspots/philippines/Pages/default. 2006). 2004. Severino. p. an economist from the University of the Philippines and former chief economist for the Philippines at the Asian Development Bank.org/xp/Hotspots/philippines/Pages/default. 248 Howie G. 2010. op. (Pasig City: Asian Development Bank. including an examination of whether key areas had been overlooked. including four Mediterranean-type ecosystems.‘ Since endemic species cannot be found anywhere else. 8. pp.‖ Available from http://www. Morada. Three years later an extensive global review was undertaken. 5 other heads of state ink Coral Triangle Initiative.org/ctrydrmnotes/Philippines. In 1990 Myers added a further eight hotspots. 233 Marites Danguilan Vitug. p. officials say. Encarnacion Tadem and Noel M. p. (See ―Hotspots Defined‖ in http://www.gov. The Politics of Logging: Power from the Forest. available from http://services. Inc. 3. October 24. 245 See ―The Revitalization of the Minerals Industry Program. Country Environmental Profile – Updates. The Environmental Crisis. 234 Domingo C. 2008). 247 The Supreme Court Reversal on La Bugal . Country Environmental Profile – Updates. June 2009. ―The Environmental Movement and Philippine Politics‖ in Philippine Politics and Governance: Challenges to Democratization & Development. Kasama sa Kalikasan/ Friends of the Earth – Philippines (LRC-KSK/FOE-Phil. available from http://gfdrr. 14. the organization made the decision to undertake a reassessment of the hotspots concept.pdf 227 Country Environmental Analysis 2008: Philippines. edited by Ceciole C. Abadilla.. 14. ―The Costs of Extraction. Severino. 241 European Commission. ―GMA.d.‖ Available from http://www. A. 239 Conservation International defines ―endemism‖ as “the degree to which species are found only in a given place. p.5 percent of the world‘s total) as endemics. p. ―Mining still an investment draw. p.org/xp/Hotspots/philippines/Pages/default. The Philippines. a region must meet two strict criteria: it must contain at least 1. 232 Ruth Lusterio Rico.aspx Accessed on May 4.‖ in Saving the Earth: The Philippine Experience.biodiversityhotspots. (Quezon City: Department of Political Science. 135136. 13. p. p.inquirer.A Bigger Storm Brewing Network.com. and in 1996.net/print/print. the area where an endemic species lives is wholly irreplaceable.‖ outlining the Philippine government‘s policy on mining.mgb.biodiversityhotspots. ‗Human Rights and Protection of the Environment: A Mildly ―Revisionist‖ View. 243 European Commission. 231 Ibid.biodiversityhotspots. ―Environmental degradation. 1993). Philippine Daily Inquirer. June 2009.Democratic Deficits in the Philippines: What is to be Done? Ellalyn B.htm 246 Riza T. Balgos. (Pasig City: Philippine Center for Investigative Journalism. 1997) edited by Ceciole C. Severino. ―Environmental woes blamed on RP‘s huge population.aspx 238 See http://www. Olchondra.ph/node/222382/environmental-degradation-climate-change-blamed-ma 225 226 As cited in Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. and it has to have lost at least 70 percent of its original habitat. The Philippines. p. 230 Howie G. A. 228 European Commission.aspx 236 According to Conservation International: ―A seminal paper by Norman Myers in 1988 first identified ten tropical forest ―hotspots‖ characterized both by exceptional levels of plant endemism and by serious levels of habitat loss.‘ n. cit. 14.ph/revitalization_files/revitalization_frame.
p.. the IPRA is the result of various consultations.‖ n. 254 Country Environmental Analysis 2008: Philippines.org/caiasia/1412/article-34762. APEC Ministerial Meeting on Sustainable Development.ncip. 258 ―Global warming to cause famine in RP by 2020.aspx?articleId=36402 265 Office of the President. ―Designation of ‗Green Benches‘ in the Philippines: Regional Exchange in Support of Improved Judicial Institutions and Capacity.neda. Right to Self-Governance and Empowerment.Democratic Deficits in the Philippines: What is to be Done? 250 The IPRA was signed into law on October 29.wri. Polluting vehicles and industrial processes must pay a charge. governments are allowed to set emission quotas by pollution source. Sedfrey and Ballesteros. 259 ―A Climate of Conflict. enterprise. Available from http://www. Available online from http://balita. p. Habito. deductibility of R&D expenditures or tax credits on the VAT of the equipment and are exempt from real property tax on the machinery or equipment used to comply. 2010.ph/ 273 Declaration. 2 January 2008 264 Katherine Adraneda. 260 Air Quality Monitoring Boards 261 See also http://www. and international agreements on the recognition of land/domain rights of the IPs. April 21.com/ArticlePrinterFriendly. November 2007. June 2009. Country Environmental Profile – Updates. 113. 2010. 1996. p. 251 Atty.gov. Any individual. The Philippines. (See http://projects. 274 Based on recommendations of a 2004-study commissioned by the International Tropical Timber Organization (ITTO) as cited in ―DENR calls on communities to help prevent and control forest fires. 267 Ibid. It relies heavily on the polluter pays principle and other market-based instruments to promote self-regulation among the population.net. 8. PDI. 255 Climate Change 2007: Synthesis Report. p. 256 European Commission.‖ (press release of the Office of the President).php 276 See the official website of the US Environmental Protection Agency at http://www. 252 Culled from various public speeches of Insigne in early 2010 and the NCIP website at www. 1997 by then President Ramos. promote and protect the rights of the indigenous peoples of the Philippines. 257 Greenpeace. and the Right to Cultural Integrity. corporation or groups that installed pollution control devices or retrofitted its existing facilities to comply with the emissions standards in the Act can apply for tax incentives of accelerated depreciation.org/sd-pamsdatabase/phillipines/clean-air-act) 262 PGMA Creates Task Force on Climate Change.ph/article/articleview/5632/1/39/ 275 See http://unfccc. 28 February 2008. 2.‖ March 4. 269 ―Outgoing SC Justice Puno to Associate Justice Corona: Preserve integrity of the High Court. Insigne was then Chairman of the National Commission on Indigenous Peoples (NCIP). 9.d). It also issues pollutant limitations for industry. consolidated bills related to ancestral domains and lands.epa.‖ May 14. These include the Right to Ancestral Domain and Lands. July 11-12. At the local and municipal levels. 2008). available from http://www.gov. 21.d. ―Economy and Environment in the Philippines: Issues and Imperatives. p.‖ Manila Times. ―PGMA Signs Renewable Energy Act of 2008 Today. Eugenio A.‖ The Philippine Star. 272 See draft of ―enhanced Philippine Agenda 21‖ at: http://pcsd. Insigne. and the development of recycling programs is encouraged.‖ (n.. Vulnerabilities And Adaptation In Developing Countries. It bans incineration and smoking in public places. 1. 2006-2007. It also establishes a R&D program for air pollution reduction mechanisms and technologies. 4th Assessment Report of the Intergovernmental Panel on Climate Change.denr.cleanairnet. Hailed as a landmark legislation. p. United Nations Framework Convention on Climate Change (UNFCC).int/kyoto_protocol/items/2830. Maria Milagros. Philippines.ph 253 Climate Change: Impacts.html The Clean Air Act outlines the government‘s measures to reduce air pollution and incorporate environmental protection into its development plans. 268 Ibid. 263 Philippines: Climate Change tops DENR priority in 2007. p. 271 Cielito F.gov. 50.ph/2010/05/14/outgoing-sc-justice-puno-to-associate-justicecorona-preserve-integrity-of-the-high-court/ 270 Ibid. Social Justice and Human Rights. 2008. 266 Candelaria. ―Yearender: Climate change tops DENR priority in 2007.‖ International Alert. (Pasig City: Asian Development Bank. The Philippines: A Climate Hotspot. ―The Important Role of Free and Prior Informed Consent (FPIC) in Responsible Mining‖ delivered before the Chamber of Mines of the Philippines in November 2007.gov/greenchemistry/ 203 . It sets emission standards for all motor vehicles and issues registration only upon demonstration of compliance. The law seeks to recognize.philstar. PDI. 2007. Manila.
Insigne as culled from his various public speeches. Available from http://gfdrr. 47..org. 282 Ibid.‖ January 12. U. 281 Natural Disaster Risk Management in the Philippines.philstar.org/ctrydrmnotes/Philippines. 302 United Nations Development Programme Philippines . 292 Ibid. 295 National Statistics Office. 5 of Monograph Series of Asian Labor Network on IFIs/Philippine Chapter. Fall 2003. Manila. Quezon Blvd. 293 C.. 298 Ibid.ph/?link=goal_5 301 Merceditas B. Philippines.gov/library/publications/the-world-factbook/rankorder/2119rank.html. 280 A Forum on Environmental Justice: Upholding the Right to a Balanced & Healthful Ecology was held on 16 – 17 April 2009 at the University of the Cordilleras.com/ArticlePrinterFriendly. Press Release. No. p.aspx?articleId=36402 288 See Amy R. 2009. available from http://www. Davao City via video conferencing). 304 Concepcion. 1. op. Kelly. Iloilo City and Ateneo de Davao University.‖ Philippine Daily inquirer. ―Country Comparison: Population. 1996. ―Uncertainties surrounding nuclear waste.manilatimes. ―Why Population Growth is Still an Issue in the Philippines. Vol. May 14.undp. UP Diliman. Quezon City. July 11-12. 2003. 98. published by The World Bank.org. 96. ―For 3 agencies. 299 Central Intelligence Agency.. Rural Development and the National Disaster Coordinating Council of the Philippines.htm. 2008) 296 Based on the 1995 Mid-Decade Census.‖ available online from http://www. APEC Ministerial Meeting on Sustainable Development.net. 310 David D. (2009) 300 United Nations Development Programme Philippines. Quezon City. ―The Millennium Development Goals: Goal 5 Improve maternal health. East Asia and the Pacific Region.‖ Reengineering the SSS.S. 284 International financing institutions 285 Philippines Catastrophe Insurance Pool 286 Philippine Insurers and Reinsurers Association 287 Katherine Adraneda. 2003. 283 Ibid. SSS. September 30. Paul Icamina. Organized by the Supreme Court.newsflash.‖ available online from http://www.‖ (Commentary) Philippine Daily Inquirer. (Philippines.. 2005.census. 297 Based on the 2000 Census of Population and Housing. The World Factbook.‖ The Philippine Star. 2010. p.pdf DRR stands for Disaster Risk Reduction. 305 ―Bad Investments.undp. 290 Ibid.ph/?link=goal_4 303 Ibid.‖ 307 Ramon Magsaysay.html. Laviña. ―A Simple Solution to China‘s Pension Crisis. Jr.. p.‖ available online from https://www.‖ Cato Journal. Delta Bldg.. cit. 2. 289 Country Disaster Risk Management Note on the Philippines by the Global Facility for Disaster Reduction and Recovery. nuke option looks appealing. 23. 204 . 2nd floor. Baguio City (with simultaneous forums in the University of the Philippines Visayas.org/2004/02/si/si001983. Politics Blamed for SSS Losses. pp. Concepcion. (with financial support of Office of Foreign Disaster Assistance.―The Millennium Development Goals: Goal 4 Reduce child mortality. Li and Ling Li. 309 Pay as you go system consisting of social pooling and individual fund accumulation where employers and employees must deposit money into the accounts regularly.. 294 Primary statistical arm of the government of the Philippines. 279 Based on the advocacy of former NCIP Chairman Eugenio A. December 19. 2010. The ADSDPPs are filed at the NCIP main office.ph/data/pressrelease/2008/pr0830tx. ―Official population count reveals.‖ The Manila Times Internet Edition.‖ Malaya.. 308 Presented during the ALNI/P Symposium at Balay Kalinaw. p.‖ available online from http://www. 14 February 2005.Democratic Deficits in the Philippines: What is to be Done? 277 278 Declaration.gov. downloadable at http://www. 2004. 97. Agency for International Development and the Joint UNEP/OCHA Environment Unit [Geneva]). 281-282. 291 Ibid.. ―Draft Field Report: Philippines Flooding/Typhoon Rapid Environmental Impact Assessment. March 5. 44.. ―Yearender: Climate change tops DENR priority in 2007. No. Remo. Vol. December 18. a privilege speech. ―Greepeace debunks nuclear benefit. January 1. 45. Nelson D. ―How is Your Pension Doing?.‖ http://www.cia. p. p. 306 ―Solons Bat for Merge of GSIS.
November 16.‘ 348 Neri. 2010.. 321 Mar Arguelles. February 28. A8. p. 355 Ibid. 320 Cielito Habito. which is brought about by artificial scarcities that result from the intricacies of regulations. 342 Air Transportation Office 343 Philippine Ports Authority 344 Ibid. 354 Ibid. ―What next president must do to grow economy. 311 312 205 . 338 Ibid 339 Sicat. 349 See http://www. 340 ADB. cit. 2003. 337 Sicat. February 1. ―Labor force projections to 2012: the graying of the U. 50. regulations remain a major constraint.S. 316 Ibid. 341 Ibid.‖ Philippine Daily Inquirer.gov.A3 335 Ibid. cited in David D. p. 2004. Mitra Toossi. ―A damaged culture and the economy‖. 2010. 2010. p.‖ Philippine Daily Inquirer. p. 351 Neri. 319 Ibid. 332 Economists define rents in this context as the ―return to factors that have fixed supply. 315 Ibid. 345 In fact. ―Local biz confident of access to financing.27. 323 Ibid. cit. 325 This consists of the National Government Debt and the National Government Debt Service. cit. GNP 2009. op. 329 Gil Cabacungan Jr.heritage. 313 Taken from the 2005 ADB Philippines Private Sector Assessment Study. 330 Taken from a half-page advertisement of the Joint Foreign Chambers of the Philippines in the Philippine Daily Inquirer. 324 Ibid.. 4. bad G word. p. 347 Loosely translated as ‗debt of gratitude. 357 Ibid. Malaya.treasury. p. ―The new big. See Irma Isip.5. 353 Ibid. 2010. Source: Dr. 322 Habito. 2010. March 8. March 1.cit. Gerardo Sicat 333 Sicat. op. February 9.. we are third in the world in terms of local business optimism in access to financing in 2010. 327 Ibid. p. 2010. 282. See http://www. ―A Simple Solution to China‘s Pension Crisis.. 328 Ibid. ―GNP 2009: Gutom Na Pinoy?. cit. 352 Sicat. A11. 331 Ibid. Li and Ling Li. workforce. 336 Ibid. cit. p.. ―Salceda: Rich also became richer. 346 Hutchcroft. February 2004.ph/statdata/monthly/mo_debtindicator.‖ Philippine Daily Inquirer.‖ p. 356 Ibid. p.. both comprised of domestic and foreign debt.org/index/country/philippines 350 Habito.‖ Philippine Daily Inquirer.pdf 326 Ibid. 37. 2009. 318 Cielito Habito.‖ Malaya. A1. op. op. op. 314 Ibid. 334 Amado Macasaet. 1996. February 15.‖ Monthly Labor Review. p. bureaucracy and legislation‖. 317 Ibid. p.34. B2.Democratic Deficits in the Philippines: What is to be Done? Li and Xu. op.
. 26. Alonto.‖ Philippine Daily Inquirer. 1988. ―China-ASEAN Free Trade Deal: Implications for Philippine Industries. 379 Ibid.‖ Autonomy and Peace Review. ―On Issues in the Charter Change. 384 Ibid. issue no.php?option=com_content&task=blogcategory&id=106&Itemid=190. January 25.‖ Philippine Daily Inquirer. 364 Habito. 386 K. Marawi.php?option=com_content&task=view&id=3740. p. Accessed March 11. 369 A large part of this text was taken from the “BRIEF REVIEW OF THE HISTORY OF THE COMMUNIST PARTY OF THE PHILIPPINES: On the Occasion of the 20th Anniversary of its Reestablishment” written by Armando Liwanag on December 26.. Pangalian Balindong of the Second District of Lanao del Sur addressing the House of Representatives on January 30. 2010. 2010. Beyond Paper Autonomy: The Challenge in Southern Philippines. Ibid. Those in quotation marks are Liwanag‘s direct statements. p. 373 Benedicto Bacani. 378 Roy Lagarde. to make room for the creation of new jobs in the new firms that will respond to export incentives. Dapitan. 52-53. op.mindanews. General Santos. Sarangani. Accessed March 11. ―How workers fared in 2009. Bauzon.impactmagazine. p. 2. 363 Ibid. op.Democratic Deficits in the Philippines: What is to be Done? 358 359 Ibid. Dipolog. Lanao del Sur. pp. 368 Ibid. 388 Ibid. 381 Ibid. 380 Taken from the Project Ploughshares website. op. p. It also encompasses the cities of Cotabato. 372 M. 367 Habito. 394 Ibid. 2. Tawi-tawi. The Philippines: The 1996 Peace Agreement for the Southern Philippines: An Assessment. 2010. Available online from http://www. 365 Habito. 377 Liwanag.ca/libraries/ACRText/ACRPhilippinesN. February 28. Lanao del Norte. vol. 374 Ibid. 360 Rafaelita Aldaba. cit.net/v40n01/insurgency. op. cit. 2010. 371 Ibid. Zamboanga. cit.com/index.htm. Sulu. Accessed April 29.mindanews. 2008. pp. ICES. A14.11 375 Literally translated as ―Moro Nation. Iligan. and Palawan. 391 Ibid. 383 Tan. 366 Ibid. 385 Quoted verbatim from the Privilege Speech of Rep. Davao del Sur. April-June 2006. The Persistence of Insurgency in the Philippines. 361 Ibid.11. 387 The SZOPAD consists of 14 provinces: Basilan. p. 392 Balindong. cit. 1999.‖ 376 Government forces were involved in the killing of hundreds of Muslim youth who were ‗recruited‘ to be part of the Philippine military forces. 393 Available online from http://www. Maguindanao. Accessed February 24.ploughshares. Pagadian. 362 Aldaba‘s example: facing temporary job losses causes by the inevitable death of inefficient firms.html. Available online from http://www. 2010.46. p. 382 Ibid.1 389 Ibid.2 390 Ibid.45-51. 2010. op.com/index. 2004). Sultan Kudarat. South Cotabato. 370 Ibid. http://www. p. and Puerto Princesa. Zamboanga del Norte. Zamboanga del Sur. 206 . (Cotabato City: Center for Autonomy and Governance.cit. North Cotabato.
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hoping that the development of a code to understand and map out the inner workings of the Asian Communist psyche could help in achieving peace in the region. ISBN 978-971-94932-0-4 Center for Political and Democratic Reform.ABOUT THE AUTHORS Clarita R. she received the Natatanging Guro (Outstanding Teacher). she has been consultant of the Philippine Congress and Local Government Development Foundation. Cum Laude in 1987 from the University of the Philippines-Diliman. A graduate of BS Library and Information Science from the University of the Philippines Diliman. Inc. he has engaged with various agencies of the executive. She also holds a 1st degree black belt in Taekwondo. she received the most outstanding teacher award in the full professor category in the university. Political Science program of the University of the Philippines – Diliman in 2009. In 2009.A. involved in the research and writing of policy papers. . In 1995. Lalata is a consultant in the government and non-government sectors covering various development issues. Kagalingang KAPP. She has held various professorial chairs. Filipino Composers Development Cooperative and Original Kapampangan Music Composers and Artists. she has acquired knowledge and comprehension on and is familiar with the various socioeconomic and political issues in the country. He is a regular member of the Filipino Society of Composers Authors & Publishers. She is currently studying the Korean language to pursue further studies in South Korea. For many years. legislative and judicial branches of government. she has worked as a researcher for various government and non-government institutions. Portia Hazel R. In his 23-year professional career. Carlos currently works as a technical staff at the SEAMEO Regional Center for Educational Innovation and Technology (SEAMEO INNOTECH). He earned the degree of Bachelor of Arts in Communication. Dennis M. the Elpidio Quirino professorial chair in international relations. Carlos is a professor of political science at the University of the Philippines. Dianne Faye C. the Maximo Kalaw chair on peace and the CASAA professorial chair. Despi is a graduate of the B. namely. As a former Legislative Staff Officer at the Congressional Planning and Budget Department at the House of Representatives. and can be especially used in understanding the case of Communist insurgencies in the Philippines. She wrote on the Operational Code of the North Korean Politburo as her final paper for the course. Inc. Major in Journalism.
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